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Construction Law/Omission In lump Sum contrct

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Question
Dear Peter

I'm working in a L.S contract following Fidic 1987 reprinted in 1992

The BOQ is part of the contract's documents there are bunch of items in the BOQ the project doesn't need them at all they were not executed nor needed and the contractor knew that so he didnít prepare or allocate any resources for themÖ

NOW I have 2 parts Question:

1) Does the employer have the right to omit them from the scope of work as they are not needed for the sake of the project?? Under the sub-clause 51.1 (b)


2) If the answer of above is "'YES''
What if the employer issues the letter of omission after almost 90% of the project is completed?
Is there any limit time to issue such letter of omission?

Answer
Dear Mihai,

1.  the Employer has the right to omit any item, and the Contractor has the right to claim for loss of profit and overheads, which would amount to the same amount, in this case.  

2.  The Employer can issue such a letter at any time up to the Final Certificate, but the cost effect will be greater the later that he leaves it.  

Rememb3er, the Contractor takes the risk of any errors or omissions in the BoQ and thus balances losses in one place with gains in another.  

Construction Law

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Peter M. Elliott

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First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

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Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
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The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

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Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

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B Sc(Hons) in Civil Engineering

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