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Construction Law/Work shall consist but not limited to following, Clarification regarding variation claim

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Question
Dear Sir,

Contract Type is Design & built LS on turn key basis, I refer to Clause B Construction which is as below.

The construction & Supervision of work shall consist  but not limited to the following
1)Site Development & Earth Work
2)Substructure
3)Super structure
4)...
5)...
6) Electrical Work including main power supply and power distribution System, Internal lighting,fire alarm system,Telephone & data system,ELV system,Room Management system,& Lighting protection system.
7)Floor, Wall & Ceiling Finishes
8)...
9)...

At the time of  design drawing client has ask for BMS system which item is not shown in  scope of work, specification, contract concept drawing, BOQ & now Contractor is asking for variation.

My Question Is


1)With reference Clause-B, work consist but not limited to following,

is BMS is part of item 6 ( contractor scope)? If yes then what is the Limit description?
How to be describ in contract, not Limited to following?

is contractor is not entitled for variation ?

Please clarify

Thanks & Regards

Prakash

Answer
Dear Prakash

Thanks for the question.

Yes, BMS should be paid as a varied work if none of the documents specified as "Client's Brief", do not ask for BMS.

With regards to the limits of word "limit"; it should be the works specified either in Drawings or Specification or Bill. In addition to this the works must be handed over to the client as fit for purpose.

If you can provide me exact details of BMS system compared with item 6; I might be able to pin point what is included  or excluded by the contractor.

Thanks  

Construction Law

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