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Construction Law/Ability of changing rate agreed at tender stage, without occuring a variatons


Dear Sir,

Can the Engineer reduce the rate of some certain item which included another items, if that included item has not occurred during the construction?

Eg: Preambles say Excavation rate shall include for Earth work support & Dewatering.

However, Earth work support & dewatering has not occurred during the construction phase. According to the contract, Contractor has already added some amount for earth work support and dewatering in excavation rate at the time of tendering.

1.Can the Engineer ask contractor to reduce some amount from the
 unit rate for excavation, agreed at the time of singing of the
 contract(Tender BOQ rate)?

2.Shall the Contractor do it, if the Engineer request?

3.What is the applicable Clause in FIDIC and/or applicable Law in
 common practice which effects this event

Thank you.
Looking forward to hear from you soon

Dear Suneth,

Thank you for coming back.

That is a fairly weird situation, but I believe the Engineer can do it as a Variation.

For providing a fully fledged answer, I'd need more details and information.

Suggest you let the Engineer to come up with a substantiation, then you'll know what to answer.

Engineer can establish temporary new rates, but can not impose them as definite.

Trust that answer your question.

Construction Law

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

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