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Construction Law/Adjustments for changes in Cost


Hi Peter,
My question is;
Is the 'table of adjustment' required to be submitted in the Appendix to Tender in order to be acceptable or can it be included in the contract at a latter time through an amendment?

Dear Saleem,

Don't be lazy and don't try to rush things!  The table of adjustment must be included in the Appendix to Tender in the Tender Dossier, for the following reasons:-

1. Clause 13.8 does not apply if there is no table of adjustment;
2. Will you ever get agreement after the Contract is signed, without one party or the other feeling that they were cheated?  
3. How will you defend an accusation of lack of transparency from an unsuccessful bidder, who would have made a different, and lower, offer if the table had been included?

It really will be just too much hassle to try to include it later.  

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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.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
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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