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Construction Law/Lump sum Project Variation


QUESTION: Dear sir,

We done a pipe laying project in Bahrain is lump sum project. When we doing the project the pipe invert levels changed from tender drawings. we had to go more deep and construct trust blocks larger than tender drawings.

Can we claim that additional excavation and concrete quantities.

ANSWER: Dear chamara,

You do not mention the form of contract, so the following remarks are generic.

I doubt it very much, unless you can prove that the original design was deliberately incorrect.  Lump Sum means Lump Sum, with the Contractor taking all the risks for any inaccuracy.

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QUESTION: in tender drawings the pipe laying profile shown invert level are changed in construction stage. we can't foreseen that in tender stage and we are priced based on tender drawings.
Why we can't claim variation for this issue. the fidic 87 condition of contract used.

Dear Chamara,

I regret that I cannot be more helpful, but it depends on the exact wording of the Contract and the method of issuing the drawings.  There are many problems with the use of FIDIC 4 as the basis of a lump sum contract.  If the drawings were sent with no instruction, then you should not have worked to them.  If you were instructed to work to the construction drawings, then it is possible that you could make a claim based on the changes in the Employer's Requirements.  

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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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