Construction Law/Additional Works

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Question
I ma working as a Contracts Engineer and dupted on a remeasure
Subcontract where multiple subcontract works are going on one of my Subcontractor is awarded for a part of the Contract on same Project for Building works now he insist any other works in that project is not applicable to his Subcontract as additional works and refuses the Site Instruction to carry out the works, but the  works to be carried out are in the same site/Premises. Considering a part of the works are left over now company asking these works wich are not in his original scope shall be carried away as aditional work under same rates, Subcontor refuses.

Is he has the rights to refuse to accept the additional works.?

Pleas advice me!

Thanks and regards

Answer
Dear Mujtaba,

Thank you for your question and I apologize for the delay in responding. I was in transit for few days.

Even though, I do not know the form of contract conditions you are using on your subcontract, but I do into  that most conditions placed it as obligatory for subcontractors to comply with all Engineers (this could be a Contractor or such other person or employer named under the subcontract)

Meanwhile, where subcontractors or contractors would not be able to comply with such instruction, most conditions placed demeans on them to justify their reasons for not complying to the Engineer who will verify it and make determination accordingly. If the reason for non compliance is rates applicability, the Engineer can determine such  but the subcontractor has no contractual reason to refuse instruction that is necessary for the completion of the works to meet its intended purposes.

Hope this answer your doubt.

Kind regards
Femi

Construction Law

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Femi Alofe

Expertise

I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts

Experience

Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

Organizations
1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

Publications
1. AACEI RP on Estimating, 2010

Education/Credentials
1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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