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Construction Law/Omission In lump Sum contrct


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?

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.  

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Peter M. Elliott


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 before submitting a question.


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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')

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

B Sc(Hons) in Civil Engineering

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