Construction Law/negative variation

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Question
QUESTION: Dear Deepak,
Regarding Pile Head Treatment,As per our Boq& Tender Drawings we have 247 Piles and its revised to 85  Piles.

The Consultant raised Negative variation for balance piles (Cost Savings to 
Client)...

Now we are liable to Claim our OHP for the Cost Saving Amount,So we claimed the same.

But the Consultant refuse to pay our OHP and they advised that ,the item was Cancelled before the work was Start.So they Can't Approve our OHP......

Is this Acceptable ???? or we can fight for our Rights???

Please Advice me accordingly.....

ANSWER: Dear Deepak
when deduction is made, the total price of the said item is envolved including the OHP.
You need to check your condition because it is possible that the variation could be limitted to a certain percentage.
Best regards


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

QUESTION: Actually we are using particular contracts,which derived from fidic 1999 red book...
My variation is limited to 15 %......

Answer
Dear Sir,
You need to check if was greater than the allowed 15%. if so, then you would have the right to re - price the said item for the quantity exceeding the 15 %.
Your other option is to find out if such deletion has affected any of other remaining works or strategy.
Cheers

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Wael Ghadban

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Will respond to queries related to Engineering Contracts subject to FIDIC or other Conditions, tendering and contracting, project management, residential and commercial construction, and general Civil Engineering questions. Can answer most questions related to aviation and airports as related to the Airports, Facility management.

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