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Construction Law/Omission in a lumpsum Contract based on FIDIC-99


Dear Sir,

Could you please advise on the following:

We have a lumpsum contract, and the general conditions are based on FIDIC-99(red book).
An item is indicated in the BOQ and priced by the Contractor, but this item is not required either by the construction drawings, or the specification or the construction operation.
Could this item be omitted from the BOQ and therefore reduce the Contract price? if yes under which conditions and approach ?
And in general, could it be accepted that the Contractor could claim for items no executed ( not required by the project) but indicated and priced by the BOQ.

Thank you in advance,

Best Regards

Dear Kull,

A lump sum contract with a BoQ is an oxymoron.  It all depends on the detail within the Contract stating the purpose of the BoQ.  At one time, I thought that the Contractor should not be paid for the item, but, following a forum discussion on LinkedIn, I have revised my opinion.  Lump sum means Lump Sum.  The Contractor carries the risk for any errors or omissions in the BoQ.  How would you deal with an item shown on the drawings, but omitted from the BoQ?  Would you increase the price to cover the cost of the omitted item.  Probably not.  Likewise there is no reduction due for an item in the BoQ, but not shown on the drawings.  

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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.


Value . . .
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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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