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Construction Law/Item in Drawing but missing in BOQ

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Question
QUESTION: Let me start my question with an example for payment rights of items mentioned in tender drawings but not included in BOQ? For example,there is an item of soil investigation for design verification mentioned in the contract drawing General Notes but missing in the BOQ and specifications. The Engineer is insisting to conduct it without additional cost as per clause 12.1 FIDIC 1987 GCOC(Sufficiency of Tender) and the Contractor is insisting it a case of Variation pursuant to Sub-Clause 51, 52 of FIDIC GCOC. Can the Contractor claim for additional payment under fidic FORMS OF Contract 1987?

ANSWER: Hi Ali - sorry for the delay.
This is quite a complex question so I need a few answers first.
1. Who is designing the permanent works?
2. Is the BoQ remeasurable?
3. Is the soil investigation for permanent or temporay works?
I will follow up on your answers.
Best regards
Mike Testro

---------- FOLLOW-UP ----------

QUESTION: Hello Mike,
This is a construction Contract and is BOQ remeasureable contract. Design is responsibility of the Employer.The job of soil investigation is for permanent work and mentioned in the general notes of the contract drawing of structure.

Thanks for taking time and looking forward for your expert opinion.

Answer
Hi Ali
In that case the soil investigation is clearly extra work and should be treated as a variation.
The clear rule is that in a re measurable BoQ there has to be an item to price - if not then it is not in the contract price.
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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