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Construction Law/Subcontract Claim of Spare Parts

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Question
Dear Sir Rofel,

We have a lump sum contract in Qatar, astonishly our BOQ rates is inclusive of Prelims.

Now, Client has introduced additional equipment such as FCUs, Fans, AHU etc. These equipment will be covered under variation cost submission.

Could you please guide me how to contractually claim for the spares under a variation since spares are included in Preliminaries? I am reading the QCS 2007 but to no avail.


Regards,
Antonio

Answer
Hi Antonio,

Thanks for your question. Apology if it took a while to answer your question.

Provision of spares are specified under QCS 2010 which supersedes QCS 2007.

The cost of spares under Preliminaries are provided for equipment under original scope only. If these are "additional equipment", you have the right to include the corresponding cost of spares in your cost proposal.

However, if you are not comfortable pricing the spares separately, I suggest that you (and your Subcontractor) will include it in the rate of each equipment.

Let us be optimistic to obtain approval on your proposal.

Regards,

Rofel  

Construction Law

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Rofel Ningal

Expertise

Questions related to Construction Law, Conditions of Contract, Contract Terms & Conditions, Claims, Contract Administration, etc.

Experience

Having more than 10 years extensive experience in international companies, including working in the UAE, Qatar and Philippines, both for private and public sectors, such as, Government, Project Management, Consultancy and Construction provide a wider perspective in analyzing the issues related to Construction Law and the like to provide advice in a fair and reasonable manner, in accordance with the applicable Contract Terms and Conditions. The hands-on experience I had for preparing cost proposal for variations; daily correspondences protecting the rights of my organization under contract; preparation and finalization of contract/agreement; preparation, negotiation and finalization of claims for extension of time and associated cost, etc. will be useful to understand the details of every question asked. With experience working in a project administered by FIDIC Form of Contract (Red and Yellow), Public Works Authority (Qatar) Conditions of Contract, etc.

Organizations
Philippine Institute of Certified Quantity Surveyors Philippine Institute of Civil Engineers

Education/Credentials
BSc in Civil Engineering - West Negros University MBA in Construction (Units only) - Manchester Business School Worldwide

Awards and Honors
Licensed Civil Engineer at the age of 20

Past/Present Clients
Public Works Authority (Qatar), Roads & Transport Authority (UAE), Qatar Foundation (Qatar), Qatar Real Estate Investment Co., ALDAR Properties (UAE)

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