Construction Law/Delete items


"I,m contact you to inquire about this issue ....
I have an item in the BOQ for Chillers, and the one unit is priced for AED 5,000. We believe that either the item is priced wrongly or it is front loaded.

The project have 5 Chiller and one chiller has to be deleted. knowingly that the price is much higher shall we delete based on market price or BOQ price.

Secondly if I need to add 2 more chiller in addition to the BOQ, then can we apply the same BOQ rate as AED 5,000 / Unit or the contractor will opt for new rate as it is an expensive item.
Best Regards"
All the chillers are the same specification and price ....
and the two chillers which will be added also the same specification and price ....
and my question is about delete item in B.Q or delete part of the item ....
is the correct to delete the item as market price ? or as which is in the contract ?
best regards

your answer "
I do not understand your question.  You have five chillers.  Why delete one and add two more?  Are they all the same specification and price or are they different?  You want to add two more.  Are these two the same specification?as other chillers?  Please clarify and resubmit.

Dear shadi,

The questions about errors or front loading should have been resolved during the tender evaluation.  

You must delete or add an item at the BoQ rate, not the market or any other rate.  I assume that the Contract was awarded on the basis of the lowest compliant tender.  If the Contractor has over priced this item, then he has under priced another item.  

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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 . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

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

B Sc(Hons) in Civil Engineering

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