Construction Law/Dayworks rate


QUESTION: Dear Florin,

Please tell if Pn formula aplicable to Dayworks rate.In the Contract Dayworks are provisional sum.

Best Regards,


ANSWER: Dear Aslan,

Thank you for your question.

Firstly, please let me know what Conditions of Contract are you using.

Secondly, please indicate what formula are you talking about. Is it the one under Sub-Clause 13.8 [Adjustments for Changes in Cost] of FIDIC '99?

If yes, as that Sub-Clause reads, “Pn" is the adjustment multiplier to be applied to the estimated contract value in the relevant currency of the work carried out in period "n".

Hence, normally, if there would be works carried out and valued under dayworks rates, then such value would be included in the value of works carried out in the related period "n".

But you say that ".In the Contract Dayworks are provisional sum.", which sounds strange. Can you please clarify that too?

Please thus read again carefully the Contract, provide above requested clarifications and as the case may be, revise your own question.

Look forward hearing again from you.

---------- FOLLOW-UP ----------

QUESTION: Dear Florin,

Sorry that I did not mention about Contract Conditions.
We working under FIDIC 2006.
Pn formula under Subclause 13.8.
Yes in the BOQ it mentioned that Dayworks sum is provisional sum.
What about provisional sum is it subjected to Price Adujstment by Pn formula?

Best Regards,


Dear Aslan,

Thank you for coming back. That must be the Pink Book.

In theory, Provisional Sums should not be included in that Pn, but to me it is still weird how can someone define the daywork rates as Provisional Sum.

Something is just not right.

Please send me that definition of the Dayworks.

Will reply sometimes later this evening, as now I have to go away from my computer.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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