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Construction Law/Assessment of variation orders

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Dear Hayat,

Wish you all the best for the weekend.

We are using Fidic 99 Red Book for our Residential Project, and we are working as a QS Consultant under this project.  

I would like to have a question for you regarding assessment of variation orders in this project.

In our project, VO was prepared and submitted by Contractor to Employer, then Employer reviewed and forwarded to QS for assessment, then QS completed assessment and sent back to Employer, then Employer sent QSís assessment to Contractor, then Employer and Contractor to negotiate and agree the final cost of VO (QS not involved). Most of agreed cost of VO is higher than QSís assessment but lower than Contractorís cost submission.

As QS, we have to prepare and sign on VO based on the final agreed cost (between Employer and Contractor) and submit to Employer and Contractor for signing. In the VO, there are signatures from QS, Employer, and Contractor.

My questions are :

-   Is the above way to assess VO is reasonable ?
-   What is QSís responsibility for VOís price which was agreed between Employer and Contractor?

Much appreciated for your prompt feedback.

David

Answer
Dear David,
Thanks for your this new question and my greetings.
As I can understand from your question,QS consultant is in a working as the Engineer for QS matters.Is it fidic 1999 type of contract? Coming to your questions,my views are as follows
-In my opinion QS consultant should have been involved till finalization or else his signing VO was un-necessary.In my opinion it might have been done to save time and in this case you can review it even now and give your comments with signature or simply sign it if you do not find any major deviation from rules and write "without prejudice" in your agreeing note.
-QS responsibility is that of Engineer in this case
with best wishes
Liaqat hayat

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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