Construction Law/BOQ Item not Priced

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Question
Hello Femi,

Contractor is claiming for variation for the item on the BOQ not priced. They changed the description and they priced it.Qatar GCOC (LS Contract)I approached this as not variation since this item is form part of the drawing & specs even they did not priced it. and the variation that is acceptable is when there is changes in the description of such item.
If there is changes in the description (e.g. sizes, specs) how can they priced it if the original BOQ they have no price?

Hope for your continouos assistance.

Regards,

Answer
Dear Reggie,

Yes, it is common that some items are unpriced or priced as "included". Under the Lump sum contract principle, this circumstance is interpreted that, the price or rates for such items not priced or priced as "included" is deemed to have been included in the Contract Sum (LS). Mark you, not deemed to have been included in the section or in any other rates or quantity but "in the LS contract sum. Therefore, if there is any variation on the drawings that shows this works (referred to in this BOQ circumstance), the variation shall be evaluated by following the steps below:
1. Omit the price of the unpriced items or items indicated as "included". You can get the price by doing the following:
(a). Check if possible and analyse the BOQ to derive the price / unit rates for items of works not priced or priced as "included"
(b). Where the above is not possible, check by carrying out survey in the open market; what is the price / unit rates for such items of the works as at date of tender.
(c) where the (a) and (b) above is not possible, check by carrying out survey in the open market to find out what is the current price of the items of work unpriced and reduce it with applicable factor of the variance in the comparison of the CPI (Price Index)as published by the Qatar Statistics office both as at the date of tender and as on the date of obtaining price survey in the open market.

2. Then, add the price / unit rates of the new items (with the changed sizes, dimensions, quality, specs ...etc). You may derive (where possible) the price / unit rates of the new items of works from the price or rates got on the original ones in (1) above as well.

I think i have answered your question.

Femi

Construction Law

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Femi Alofe

Expertise

I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts

Experience

Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

Organizations
1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

Publications
1. AACEI RP on Estimating, 2010

Education/Credentials
1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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