Construction Law/Claims


Hi Mr. Elliot,

I am working at a contractor side, and we are dealing with a lot of issues on one of our project. One of which is that related to the thickness of pipe. During our tender, we quote the same rate on the XXS and above XXS category. However, it turns out that while the work is on going the above XXS Category (pipe thickness) is unlimited and for which we suffer a lot because, the above XXS Category rate should be different from the XXS category. The information regarding XXS provided in the Schedule of Rate and Price during the Tender stage failed to provide sufficient information for our proper evaluation  which lead us to have a wrong impression and  misguided judgement  on our effort required to carried out the works.  We talk to the main contractor regarding this issue, but they insisted that that was the rate we quote in our tender. But as far, as we are concern, they did not identify nor clarify to us what "above XXS category", pipe thickness are.

Another issue, is that our schedule included a turn-around, for which we put more people in order to speed the work progress and finish the schedule on time. But again, this adding of manpower become an issue, saying that the main contractor shall not pay any additional cost for this.

Can you tell me what can we do in order to claim our cost.


kind regards,

Hi Karina,

You do not mention the form of contract, nor the applicable law, so the following comments will be generic in nature.  

Regretfully, problems such as the price difference due to different pipe sizes need to be resolved before signing the contract.  Once you have signed the Contract, you have to live with it and watch for similar problems on the next one.

Likewise with the extra manpower, unless the main contractor had delayed you and then asked you to recover the delay.  Normally the net extra cost of extra labour would be minimal; mobilisation and demobilisation costs; perhaps a bit of disruption due to too many people in the same area.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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