Construction Law/Variation

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Question
"This is a road project in Sri Lanka. MDB Harmonised edition 2006 FIDIC conditions applicable and project is measure and pay basis. In BOQ, type 1, 2, 3 & 4 guard rails are available, but no item to pay type 5 guard rails. But in contract drawings type 5 guard rails is available.

Preambles to the BOQ mentioned that,the whole cost of complying with the provision of the contract shall be included in the pay items provided in the BOQ in accordance with the method of measurement and basis of payment clauses of the specifications and where no pay item provided, the cost shall be deemed to be distributed among the rates and prices entered for the related items of work.

When refer the basis of payment in the specification, it says that,quantities determined in the method of measurement will be paid for the contract unit rates bid for the items listed in the BOQ.

When we go to method of measurement in the specifications,it says that, quantities of type 1, 2, 3, 4 & 5 guard rails will be measured in linear meters.

My question is whether supply and installation of type 5 guard rails is a variation to the contract? if yes, is it payable to the Contractor?"

Answer
Dear Sir
In this case it is a clear discrepancy in the documents.
Therefore the following steps are to be taken into account:
1.   When the Contractor submits his offer the guardrail type 5 was in the drawings?
a.   If the answer is NO than there will be a variation order.
b.   If the answer is YES than check the priority of the documents and i or ii shall apply:
i.   If the drawings are above BoQ there will be no variation order
ii.   If not than there will be a variation order

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Bogdan Oprea

Expertise

I can answer to claims assesments under FIDIC 4 and under FIDIC red book; I can answer to procedural issues under FIDIC rules; DAB implementation DAB procedures, etc

Experience

8 years in consulting companies, road contracts (rehabilitation and new) more than 250 Milion Euro supervision Contracts

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