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Construction Law/Variation - Lump Sum Contract


Dear Sir,

My project is Lump Sum contract  with FIDIC  1999 Conditions,  could you advice me in following situations,
1.   There is a Handrail shown in the Contract Drawing but there is no item given in the BOQ (mistakenly not included in the  BOQ ), however  at the Construction stage it was  omitted by the Engineer.   Can we consider as a omission to the Contract t ? If so how can calculate the cost saving?
2.    In HV cables , as per Contract drawing  actual length is  310m but  as per the BOQ item Quantity is 220m ( mistake) . Latter cable path was changed by the Engineer and new length is 230m , Can I consider this as a  negative  variation ? if How can I Calculated the cost saving  ?
Could kindly give your opinion  pl.

Thank You ,

Dear Praven,

Lump sum contracts and BoQ's are an oxymoron, unless the purpose of the BoQ is defined very carefully.  Calculating the cost of any changes is very difficult, especially if the BoQ is inaccurate and ill defined.  The best method is to ask the Contractor to cost and agree any proposed change before the instruction is issued.

When considering omissions, think about how you would treat additions.  The Contractor takes the risk that there are discrepancies between the drawings, specifications and BoQ and the cost effect of those discrepancies.  Thus, if you would refuse any request for increased costs, you should refuse any requests for reduced costs.  

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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 . . .
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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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