Construction Law/Extra work

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Question
Dear Sir,
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.

Answer
Hi Mandagar
It is always a problem when the sub-contract document is not from the same suite of documents as the main contract. There will always be some conflict of interpretation.
However your sub-contract document must have some clause relating to extra work or variations.
If not you will need a new sub-contract every time for each addition.
At the very least you should obtain a clear instruction to carry our the extra work - do not start anything until you do.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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