Construction Law/Sub-Clause 12.3


Dear Sir,

In our Contract which is based on 2010 FIDIC MDB Harmonized Conditions of Contract and a remeasurement Contract. It was observed that there is a discrepancy between the Bill of Quantities and Drawings/Technical Specifications. Drawings & Specifications shows that a RCC parapet wall is to be constructed on both sides of the bridge but relevant Bill of BoQ does not contain any such item instead a GI Pipe railing item is included which is not relevant to requisite work.

Preamble to BoQ does not explain this issue. However Sub-Clause 12.3 [Evaluation] states that if there is no such item of work in BoQ then the appropriate rate or price shall be the rate specified for similar work. It was noticed that the no similar work as per Sub-Clause b(iii) was available in the BoQ.

How this issue to be resolved/ remedied under the Contract?

I feel that Only Sub-Clause 12.3 (b) addressed this issue by evaluating a new rate of work. Conditions (ii) & (iii) are fulfilled but question is how the Engineer will issue Instruction for Variation in order to fulfill criteria (i) because this work is already specified in the Drawings & Specifications and these have priority over Bill of Quantities as per Sub-Clause 1.5 GCC.

Please advise.



Dear Umer,

Thank you for your question.

Firstly, Works must executed as described in Drawings and Specifications.

Hence, that "RCC parapet wall" is not something new, it is already included in the Contract, there is no justification for a Variation Order - as you well spotted it yourself.

As such, the price for constructing the RCC parapet wall, must be already included in the Accepted Contract Price.

It is regretfully that Contractor did not properly scrutinized the Specifications, Drawings and BoQs at tendering time, but now, they have to live with that.

Unless, the Employer/ Engineer, agree to help the Contractor, but purely because of their good hearth and not under the Contract.

Sorry I can not give a more useful answer, but that is the situation the Contractor is in.

Hope the answer will at least help in properly understanding the situation.

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