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Construction Law/Omission of item from LS Contract

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Question
Dear Mr. Senthil Kumar,

We are working with Lump Sum Contract for Interior fitout project. In the BOQ one item shows as a Carpet where as drawing shows the Ceramic Tiles which is not in our scope. Now client is trying to omit that Carpet item from the BOQ. At the same time for some other items BOQ quantity is 300 and as per Drawing is 600, we are loosing here. In this scenario how can we defend, please advise.

Regards,

Krishna

Answer
Dear Krishna
Hello
I am trying to answer your question.The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in
accordance with the following sequence:
(a) the Contract Agreement,
(b) the Particular Conditions,
(c) these General Conditions,
(d) the Employer's Requirements,
(e) the Tender and any other documents forming part of the Contract.
Means that contract agreement is on priority;the ceremic tiles are not in the scope.Now Variations may be initiated by the Employer at any time prior to issuing the Taking-Over
Certificate for the Works, either by an instruction or by a request for the Contractor to
submit a proposal. A Variation shall not comprise the omission of any work which is
to be carried out by others.
The Contractor shall execute and be bound by each Variation, unless the Contractor promptly gives notice to the Employer stating (with supporting particulars) that (i) the Contractor cannot readily obtain the Goods required for the Variation, (ii) it will reduce the safety or suitability of the Works, or (iii) it will have an adverse impact on the achievement of the Performance Guarantees. Upon receiving this notice, the Employer shall cancel, confirm or vary the instructionIf the Employer requests a proposal, prior to instructing a Variation, the Contractor
shall respond in writing as soon as practicable, either by giving reasons why he cannot
comply (if this is the case) or by submitting:
1.the Contractor's proposal for adjustment to the Contract Price.
2.Upon instructing or approving a Variation, the Employer shall proceed in accordance with Determinations to agree or determine adjustments to the Contract Price and the Schedule of Payments. These adjustments shall include reasonable profit, and shall take account of the Contractor's submissions.
I hope this will help to you.

With due regards

Sanjay Khandelwal  

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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