Construction Law/variation work

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Question
Hi Jonathan,

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?

Thank you.


Regard,
Antonio

Answer
Dear Antonio,


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!


Regards,

Jonathan L. Peralta

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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