Construction Law/Attendance

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Question
We are building main contractor here Qatar and the project that I am involved is using Qatar Public Works Authority (Contracts & Engineering Business Affair) General Conditions of Contract (May 2007). The Bill of Quantity measurement is based on Qatar Standard Method of Measurement. In the contract addendum it is specified for the re-measurement that a new items will be rate similar to tender Bill of quantity rate or actual cost plus 15% Contractor's attendance fee including overhead and profit where no similar Bill of quantity rate exist.

In our variation claim we highlighted that the rent of Scaffolding is integral part of the works which happened to be almost equal in cost to the (subcontractor cost)permanent works. The Client is omitting the scaffolding's cost with their argument that the 15% of the actual cost include General Attendance fee. Wherein, they define the attendance to be similar to the Provisional Item's General & Special attendance which include standing scaffolding and additional scaffolding to the standing scaffolding. The scaffolding that we claim was erected solely for the new work.
Does the Client is correct in this regard? Can the Provisional item's general & special attendance shall be the same in usual 15% Margin (Contractor's attendance and overhead & profit?
Thank you in advance.

Answer
Dear Mr. Jhunel,
Thank you for your question
As i could understand from your question, it relate to your dissatisfaction with Employer's stand if the  usual 15% margin (Contractor's attendance and overhead & profit) covers standing and additional scaffolding expense required by the sub-contractor or not for the standing and additional scaffolding. I think this point should have been taken up and clarified  while agreeing rate with the sub-contractor to identify the position with clarity for what is included and what is not in his rates. I am inclined to consider that the standing scaffolding is included in main contractor's mark up but for additional scaffolding the matter needs to be substantiated further whether it is a variation or same work and if it is variation, a new rates have to be agreed and additional scaffolding can be included therein. With the given information, i can give so much comments only.
regards,
Liaqat Hayat

Construction Law

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Liaqat Hayat

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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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