Construction Law/Schedule of rates

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Question
Dear Sir,

Our Contract is a Measure and pay Contract(Method of measurement SMM7) and based on FIDIC 1987.

This is a hotel project.Schedule of rate has been given for swimming pool work deleted the BOQ items related to that work.At the Construction stage details were changed.Therefore Construction of swimming pool has to be claimed as a variation to the Contract.

Do we need to use Schedule of rates for pricing of variation proposal or else possible to use new rates?


An early reply is very much appreciated.
Thank you..

Answer
Sub-clause 52.1 is relevant.

Applicable rates mentioned in the Contract shall be used for varied items.

If no rates is applicable, new rates shall be allowed but shall still be based on existing rates mentioned in the contract which shall be reasonable.

Regards,

Jonathan Peralta

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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