Construction Law/variations

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Question
Dear Sanjay,
I have an inquiry regarding a variation
The contractor at the time of tendering gave a discount to the client (1.35%) of the contract price.
And accordingly in previous interim payment we were deducting this percentage periodically from each payment price.

Now the contractor have submitted another interim payment ,this time the whole payment is for variation works ,but he did not deduct the above percentage as mentioned above.

The variations supposed to be covered by the provisional sum stated in the contract .
We are following fidic 1987 reprinted 1992 fourth edition.
Question: shall this discount will be applied for these variations also? Or not.

Thanks,

Answer
Dear dzaie
Hello
I am sorry for delay in replying your question.
There are the conditions to apply the discount.
1. The varied works are executed and valued with tender rate then discount will be applicable on varied items of works.
2. The varied works are re-rated as per the provisions then discount will not be applicable for re-rated items of varied works.
I hope this will help to you.
With due regards
Sanjay Khandelwal

Construction Law

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Sanjay Khandelwal

Expertise

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.

Experience

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.

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

Education/Credentials
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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