Construction Law/Claim

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Question
Dear Sir;

Our project is based on FIDIC 1987 Conditions of Contract and this is a Measure and Pay Contract.
The Contractor has under quoted an BOQ item and now he is going to change the material used for that item, saying unsuitability of the existing material and submit a new proposal with a rate as a variation.
Q1 : I want to know whether the Contractor is eligible for that?
Q2 : What can be done from the Engineer's side for this situation?

An early reply is very much appreciated.

Thank you!

Answer
Hello Madu,

An instruction from the Engineer is required for any varied item as per subclause 51.2.

All materials to be used shall be as described in the Contract and in accordance with Engineer’s Instruction.

The Contractor may claim if he thinks material in not appropriate or suitable, but he needs to substantiate such claim. For the Contractor to make a claim, he must first submit a notice pursuant to 53.1 and provide detail particulars of his claim in accordance with the procedure under subclause 53.3.

But, the Engineer may refer to Subclause 12.1 ( Sufficiency of Tender ) and may rebut such claim by referring to the contents of subclause 12.1.  (correctness and sufficiency of rates and prices in the BOQ).

Good Luck!

Regards,

Jonathan L. 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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