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Construction Law/Ommittion of item in a lump sum contract


If the employer omitted an item from the BOQ (in a lump sum contract) which in the main contractor`s scope of work, and these item be done by another contract after issuance of Taking Over Certificate!
Is it contractually the employer`s right? And if not does the contractor reserve a claim?

Dear Ahmed,
Thank you for your question. You have not mention type of contract and hence i am considering it FIDIC-IV.
The Engineer is entitled to make a variation including emission of a part of work provided the omitted work is not to be carried out by the Employer or by another contractor. In your case the contractor intends to do this work once the substantial completion certificate has been issued. In my opinion if he had done that after defects liability certificate, probably there could have been no repercussion. The work is suppose to be completed after issuance of this certificate.  In the present case i believe you can raise a claim at appropriate time for loss of profit due to this premature action by awarding another contractor before issuance of the defect liability certificate. Please let me know if you still have any query or non-clarity yet.
Liaqat Hayat

Construction Law

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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