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Construction Law/Items in Drawing but not in BOQ

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QUESTION: I am dealing with a lump sum FIDIC 1999 Contract.My contractor is asking for variation for an item shown in the drawing but without any reference/description . Also the item was not included in the BOQ.

Is it payable?

ANSWER: Hi Kishore
Is the item shown on the Contract Drawings at time of tender?
Is the BoQ re measurable?
Is there a variation clause that allows for extra work?
I will respond further when these are answered.
Best regards
Mike Testro

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

QUESTION: Hi Mike,

The Item was shown in the contract drawings but with out any descrption to identify what it is referring to.

BOQ is not remeasurable.

Variation clauses are as per FIDIC 1999.

The item which I am discussing is about a cupboard in the Laundry room. Contractor requested the details via an RFI and in response the consultant has given the details.

Let me know if you have any further questions...

regards
Kishore

Answer
Hi Kishore
If the cupboard was shown on the contract drawings and the only question was what type of cupboard then it is not a variation.
Since the BOQ is not remeasurable then the quantity risk lies with the contractor.
You build to the drawings and specification - not the BoQ.
In my opinion therefore there is no payment due to the contractor.
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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