You are here:

Construction Law/PC rate price confirmation requirement


Good day Peter, I'm a site manager in contracting company, the consultant has instructed me to proceed with an item of works which has a PC rate without confirming the rate (the instructed works has a higher rate). I did request in many times to confirm the rate but he won't. Can I proceed with such works without confirming or approving the rate from the consultant especial such work involves a subcontractor which need a price confirmation before start his works? what I can do to force the consultant confirm the rate so that I can avoid variation problems later on?

Dear Taha,

You do not mention the form of contract, but most forms require the Contractor to proceed with an Engineer's instruction without delay.  There is very little that you can do to force the Engineer to confirm the rates.   If the Engineer does not issue a proper variation order and agree rates, the best that you can do is to submit a notification of intention to claim for the recovery of extra expense and time.  

Construction Law

All Answers

Answers by Expert:

Ask Experts


Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

©2017 All rights reserved.