Construction Law/Accessories of Pump
I am working in main contractor. Our contract is FIDIC 1999 (red book), remeasured contract. regarding accessories of pumps, when we claim them, engineer rejected all of them with comment "included specification" as below (follow in our specification):
Pumps shall be provided with following accessories for each unit.
i)Globe valve or adjustable type butterfly valve for discharge piping and gate valve or butterfly valve for suction piping. ·
ii) Check valve (hammerless type) with by-pass valve
iii) Y-type strainer
iv) Air cock and drain cock
Pressure gauge with SUS made siphon tube and gauge valve
vi) Compound gauge with SUS made siphon tube arid gauge valve
vii) Priming water funnel with cock
viii) Companion flanges, bolts, washers, nuts and packing for piping connections
ix) Vibration isolators
x) Flexible joints for discharge and suction piping
xi) Anchor bolts with washers and nuts and foundations
as you can see, in our specification is mentioned "shall be provide", not "shall be included".
Can we can claim these accessories?
In the Sub-clause 4.11 [Sufficiency of the Accepted Contract Amount], the Contract says:
"The Contractor shall be deemed to:
(a) have satisfied himself as to the correctness and sufficiency of the Accepted Contract Amount, and
(b) have based the Accepted Contract Amount on the data, interpretations, necessary information, inspections, examinations and satisfaction as to all relevant matters referred to in Sub-Clause 4.10 [Site Data].
Unless otherwise stated in the Contract, the Accepted Contract Amount covers all the Contractor's obligations under the Contract (including those under Provisional Sums, if any) and all things necessary for the proper execution and completion of the Works and the remedying of any defects."
So, the Employer stated in the Technical Specifications how he wants to be the pumps and with what accessories. If within the Bill of Quantities only price for "pumps" is included, then the Bidders should have understood that the value of everything needed for those pumps should be covered by the prices included in the BoQ - either in the price of the pumps, or otherwise. In the same way - see, especially, the last paragraph of the quoted Sub-clause 4.11 - if it is about a metallic structure to be built, described and detailed in Technical Specifications and in the Drawings, but in the BoQ the prices of the screws are not included, the Bidder should include the price of them within the price of the other items in that BoQ, so that the last paragraph of 4.11 is satisfied in the conditions that the Contractor will not bring money from home to build the metallic construction.
So, according to the Contract, the Contractor cannot claim the price of the accessories, once the pumps are described like this in the Technical Specifications and the last paragraph of the Sub-clause 4.11 exist like that in the Contract and it was not amended.
Hope it helps for this Contract of yours and for further contract for which your company will submit Bids.