Construction Law/variation work
Our contract is a lump sum amount. We submitted a variation for MEP services after which the Engineer responded to refer to the architectural specification stating the MEP services to be provided.
Although tender drawings, boq, mechanical specification, scope of work never mentioned it but in says "yes' in architectural specification.
How can we divert this situation that we are entitled for the variation?
You forgot to mention the form of contract you are using, thus my answer will be general in nature.
Are you a Main Contractor or Subcontractor?Is the architectural specification included in the Tender Documents?
The Accepted Contract Amount (Original Contract Price, Final Contract Amount etc.) shall be base on the information and documents stipulated and included in the Tender Documents.
You need to check the composition of your contract(documents included in the contract). Those documents shall form part of contract and therefore binding to both Parties involved in the contract.
You need to check also the priority of documents (please have a look at the Conditions of Contract or your Letter of Acceptance).
Submit a notice to the Engineer and ask for further instruction for this ambiguity. Further clarify if this should be included in your Scope of Works. If it is included then it should be considered additional works and you are entitled to additional payment.
Hope the above helps and Good Luck!
Jonathan L. Peralta