Construction Law/Breach of contract

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Question
Dear Sir
I am working in a road supervision project as RE.
I have deleted two pay items of BOQ.since there is no mention of locations in the drawings and schedules.
Our contractor,Chinese, accusing me of breach of contract..
kindly clarify whether engineer has power to delete pay items
I have read somewhere that BOQ quantities are not part of contract.
bala

Answer
Hi Bala
Everything depends on what your contract says.
Even if the BoQ is not part of the contract it still may be a schedule for payment.
If you are in doubt then is is correct to hold payment for the time being until you are sure that the payment can be released.
If there is a quantity surveyor attached to your project then you should take his advice
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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