Construction Law/fixed rate items in FIDIC red book
Dear Bogdan Oprea
Please clarify to me meaning of 'fixed rate items' in FIDIC red book sub clause 12.3 (evaluation)
Thanks in advance for your great services.
The provisions of the Sub-clause 12.3 are related to the evaluation of items.
In accordance with the provisions of this sub-clause the Contractor is entitled to a new rate in some conditions and one of them is referring as you mentioned to “fixed rate item”
It means that: the Contract must not have used phrase “fixed rate item” in relation to the item in the bill. This criterion is specified in order to allow for some Bill items having very provisional quantities. For items paid for example under a lump sum basis this article is not applicable. Therefore in order to have this criterion applied we have to have a re measurable item.
I hope I clarified your question