Construction Law/Unpriced BOQ Item

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Question
HEllo Jon,

This a follow up question in relation to the email i sent you. If in the Note on Pricing mentioned "2.3   The Contractor shall price every item in the pricing sections of the Bills of Quantities.  Any item left unpriced shall be deemed to have been allowed for in the prices of other items.  No claim for payment in respect of unpriced items will be admitted.  Lump sums set against groups of items are not acceptable." Does it mean that all the item unpriced in the BOQ and they claim it with rate has a chance for the Client to reject such claim due to reasons that it is already included in the BOQ and mentioned in the Tender Drawing, so any additional in relation to such item (e.g. Soakaway & Road gullies unpriced items) & they claimed soakaway & road gullies with their rate of 10,000 QR. each are rejected?

Even they presented quotations for the unpriced BOQ CLient can still rejected such claim?


Please clarify this.
Thank you again..


Reggie

Answer
Hi Reggie,

Based on such condition you mentioned, i guess they have to bear with their mistake in leaving such item blank.

If such item is mentioned in the Tender drawing and considered part of the Scope of Works of the Contractor then cost for such item is deemed to be included in the Contract Price. If the Contractor left it blank then it is deemed that cost for such item is included in the l.s. Contract Price. Some items may be over priced which may cover the cost for those items left blank.

Hope it helps.

Regards,

Jonathan L. Peralta

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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