Construction Law/Omissions


Dear Mr sanjay Khandelwal,

Ours is a fidic contractThird edition 1981.
We are supervision consultants for a road project.Recently the client awarded a variation for additional work to the contractor.Now the client wants to omit one item (borrow excavation to bund)from the variation which is almost 3% value of the variation and 0.8% of the total contract.The contractor claims that they excavated and accumulated 20,000 cum borrow material for the bund anticipating the work. We have not issued any drawing for the work so far.But it is in the scope of the variation order.
Hope you understand.

My question is are the contractor eligible for a claim because of the omission?
Thank you.

Dear Rajesh
I am so sorry for delay in replying.
Contractor is eligible for a claim because of omission.  
In valuing the variation, the Engineer would compensate the Contractor for the loss of overhead and profit recovery by, for example, deducting 90% only of the price of the omitted work. With a remeasurement contract, this is not normally possible so that either the 10% must be added or some element of the remaining work must be re-rated under clause 52.
I hope this help to you.
with due regards
Sanjay Khandelwal

Construction Law

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Sanjay Khandelwal


I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.


I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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