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Construction Law/Re-rating a Bill of Quantities

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Question
FIDIC Conditions of Subcontract for Construction - for Building and Engineering Works Designed by the Employer 2011
We are a structural Steelwork subcontractor working for a main contractor on a project with a BOQ included in the contract. The rates were calculated using the tender drawings and the BOQ. The rate per tonne will therefore reflect the number of pieces and the overall tonnage. The engineer has subsequently re-designed the frame which has resulted in lighter members. We still have to make the piece but it is now lighter, so you do not recover as much when you apply the bill rate. Can we re-rate the items in the bill?

Answer
Dear Steven,

You can submit your claim for re-rating the bill items, but you will have to make your case.  I presume that the number and size of holes and connections are similar to the original design so you have as much work to do, but the members are lighter.  It depends how the BoQ or contract was written.  If you had to supply IPE180 6 m long and now you have to supply IPE160 6 m long, then there is a change in the bill item and a consequential change in the unit rate.  If you had to supply 3,000 tonnes of I-beams and now it is 2,500 tonnes of I-beams, it might be more difficult to justify a change in rate, but it can be done.  

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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
Match your presentation to the reader!
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')

Organizations
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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