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Construction Law/claim for extra quantities

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Question
"good morning , please advice me

we use fedic 4th edition reprinted 1992.

in case of extra quantities requested by the employer, according to clause 51.1 the contractor can introduce claim for a new price.
in the particular conditions, this is allowed only if the extra quantity exceed 30% the contract quantity.
assume the extra quantity is 70%, in case we deal for a new price, the new price will be applied for which quantity? all 170% or the extra quantity 70% or the quantity over 30% which is 40%   

thank you"

Answer
Hello mohammed zioui,


Thank you for your question. I don't have a copy of FIDIC 4th edition right now. My answer will be general in nature and I assume you have a re-measurement contract.

This really depends on the following: timing of the Engineer's Instruction, exact wording in the contract and the reason or the need to have a new rate in accordance with the conditions of the contract.

Based on what you mentioned and assuming that the original quantity (100% was already accomplished and paid then you may apply a new rate to quantities in excess of the 30% in your example the 40% only)to compensate for the overhead and if you can substantiate that the original unit rate is not anymore applicable to the excess quantity.

This shall be discuss and agree both by the Employer and the Contractor. Hope the above helps.


Regards,

Jonathan L. Peralta  

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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