Construction Law/Extra work


Dear Sir or Madam,
please draw your attention to this situation. The contractor is building a road under FIDIC 2006 however the subcontract is a non-fidic one. As of today we are facing some extra work not accounted in BOQ and unaccounted in the initial design. What shall we do in this case, shall we initiate a Variation order, should we request a clear contractor's instruction to perform these works, shall we ask reimbursement for extra work and extension of time for completion. We had asked them to guarantee of payment for the extra work, the contractor replied saying that the works would be paid in accordance with the contract.
Thank you.

Dear Qandar,

Thank you for your question.

Based on FIDIC conditions and similar to all kinds of contracts, if there is any deviation from the original intention i.e. may be the original scope of the works under the contract has changed in kinds, character, size, dimensions, nature and or other circumstances, then, there would be need to issue an Engineer's Instruction to reflect the desired change then, places a contractual obligation upon the contractor to comply with. If you are a main contractor, then, you should demand for SI(Engineer's Instruction# for the change. Where such is not provided or provided verbally, you can confirm the change instruction #as you understand it) to the Engineer in writing and wait for the required period for which such instruction, if not objected to, becomes binding and you can claim for any cost and time implication of your compliance with the instruction. If  you are a Subcontractor, similar procedure is advised under FIDIC subcontract conditions and in this instance, the Main Contractor occupies the position of "Engineer" (Contractors' instruction) in issuance of a change instruction.
Further to any Engineer's Instruction issued for any change, such change most often results in cost implication which may either be net addition or netty omission to the contract sum. It may also attract time implication as well which is often an extension. It is very rear to have a reduction in time except where it is mutually agreed by the parties as a result of any "substantial omission" under the contract.

Regarding guarantee for payment for extra work, there is virtually no requirement for this (except your contract specifically indicated such as a particular application). Under the principle of contract and as usually supported under FIDIC contracts, the manner and method of the determination of cost and payment for the extra work is included under variations clauses in the respective FIDIC conditions. It therefore means that, the Contractor would be correct to say that, cost and payment for extra work will be paid in accordance with the contract.

Hope this clears your doubt?


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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

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1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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