Construction Law/Additional payment



There is no separate BOQ item for Dewatering and it is included in earthwork rates.
I'm working in a Consultant team.If we use BOQ rates for evaluation of variations/Extraworks or Money provisions, do we need to pay separate cost to the Contractor for dewatering?

An early reply is very much appreciated.
Thank you

ANSWER: Dear Madushani Fernando,

You don't mention the form of contract, applicable law, nor the method of measurement in use on the contract so the following comments are generic.  

Keep it simple and don't try to complicate matters.  Value the variations on the same basis as the original bill item.  Any attempt to save a few pennies is likely to cause a lot of argument and time lost.  I am not sure that I have understood your question so please submit a follow up if the answer is incorrect.  

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

QUESTION: Thanks for the early reply.

This Contract is under FIDIC 1999 and method of measurement is under SMM7.

Here the Contractor claims extra cost for dewatering though he has used BOQ rates for valuation of variation.

My Question is when the variation is priced based on BOQ rates do we need to allow extra cost for dewatering, since dewatering is already covered in BOQ rates.

Dear Madushani Fernando,

You do not need to include extra cost for dewatering if it is included in the rates.  But one thought - what do you mean by dewatering and how is it defined?  Do you mean keeping the excavation free of water, rain water or underground water, or do you mean installing a dewatering system with vertical pipes and heavy pumps to lower the water table?  If the SMM and specification are unclear and the latter system is needed, then you may need to pay extra.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
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Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

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