Construction Law/Construction


Dear sir,

Please could you explain,
1. The different between lump sum based on firm quantities contract     and lump sum based on drawing and specification contract?

2. Is the contractor is liable for the incorrect quantities in the BOQ, if he is provided the drawings ( Assume there is a different between boq and drawings)

Dear Suneth,

Thank you for your question.

Normally, there are no quantities discussed in a Lump Sum Contract, as that is Contractor's risk.

But some Employers, mainly Public Authorities, due to their exaggerated willingness to demonstrate good management of public money, invented this montruous mechanism, i.e. included BoQs in the Lump Sum Contracts.

And unfortunately, that plague spread across the world.

To answer your query:

1. Now, as this kind of 'mutant' is not included in any General Conditions of Contract, be it FIDIC, or other, that mechanism is inserted in the contracts through Particular Conditions that are specific o each Employer, country, etc, hence there is no general answer, but one must check the Particular Conditions in each and every Contract and draw the conclusion.

If possible, as often, which Employers don't know themselves what they want - trust me, I have seen numerous such cases. On one hand, they don't want to pay more than executed #when quantities are smaller that originally thought# but on the other, they don't want to pay more than an agreed Lump Sum #when quantities are higher#.

2. That depends again very much, on the Particular Conditions and original requirements of the Tender Dossier:

- were such BoQs included in the Tender Dossier? If yes, Contractor should not be responsible for, or at least do his home works prior submitting his tender and spot the different quantities between BoQs and Drawings. If blindly signing a contract, just for getting a job, then he has to bear the consequences.

- were such BoQs provided by Employer as indicative, or were they requested to be produced by the Tenderer/ Contractor? If yes, then most likely, Contractor will have a responsibility.

As you can see, there is no straight forward answer - sorry about that, but one must assess each specific case. One word or a comma, might change the situation entirely.

I hope these considerations will help, but if you need further support for a specific case, please do come back with such details and will gladly help you.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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