Construction Law/Excess over BOQ

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Question
Dear sir
I am working as RE in Uganda for a road project.
some of items have increased to 300% over BOq quantities.
the client is accusing me for not exercising powers using clause 52.2 to fix rate for increased items.
can you advise me explaining with relevant clauses

Answer
Dear Rapaka
Hello
I am the opportunity to reply your question.
Please refer clause 52.2; Engineer has the power to fix the new rates for varied works subjected to that, Engineer has issued the order for such variation under clause 52.1.
Provided also that no varied work instructed to be done by the Engineer pursuant to Clause 51 shall be valued under Sub-Clause 52.1 or under this Sub-Clause unless, within 14 days- of the date of such instruction and, other than in the case of omitted work. before the commencement of the varied work, notice shall have been given either:
(a) by the Contractor to the Engineer of his intention to claim extra payment or a varied, rate or price, or
(b) by the Engineer to the Contractor of his intention to vary a rate or price.
Overall client has no power to instruct not to exercise under the clause and provisions of contract. Otherwise Engineers act will be treated as partial to the client under the agreement.

I hope this will help to you. Any further query in this regard will be appreciated and welcome.
With due regards

SANJAY KHANDELWAL

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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