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Construction Law/Lump sum Project Variation


Dear sir,
The project is DI pipe laying project and this lumpsum contract project. The pipe laying levels given in tender drawings changed in construction stage due site condition. the excavation quantities increased than BOQ. The additional excavation can we claim as variation?.

Dear Don,
Thank you for your question. I feel that data provided do not enable to provide a precise response but I can discuss few points here that may assist you to take up the next action accordingly.
The first point that we need to look into is that what sort of data was provided to enable you to fill in the rates and who is responsible if there is a change in levels at execution stage. In other words who is suppose to take this risk and is this clarified in the bid document issued at tender stage? I can agree with your view point that it can be considered as variation provided written instructions or drawings are issued at execution stage as after all this has been decided at later stage during execution and as such your view point is weighty. So I need your clarity on these two points before I can answer it.

Liaqat Hayat

Construction Law

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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