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Construction Law/Question about new items in construction project


I have an ongoing construction contract. The contractor refuses to do additional items within the site unless he is given the very high price he is asking for the additional item. What will be the possibilities if he insists to refuse the fair price for the additional items and did insist on not doing them

ANSWER: Dear Abdelhakeem,

You do not mention the form of contract, so the follow comments are general in nature.

Define very high price.  One person's high price is another person's reasonable price.  In any case the rates for new items must be based on similar existing items if possible.  If instructed, the Contractor cannot refuse to do the work.  If he does not like the price fixed by the Engineer, then he must submit a claim and justify why he thinks the price should be higher.  You could ask him for a price breakdown of his rates for the new work based on the rates for labour plant and materials which were used in his offer.  

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

QUESTION: The answer is not clear and all what you mentioned was done and still contractor refuses to do the work unless he is given the price he wants.
The contract adopted FIDIC conditions

Dear Abdelhakeem,

Your ultimate solution is to terminate the Contract, due to the Contractor's refusal to comply with an instruction, clause 15.2 a, but you could have difficulties with the Employer.  Ask him what he wants to do.  Alternatively wait for this Contractor to finish and bring in a small contractor to do the work.  It will probably be cheaper.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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