Construction Law/VO


Dear Ms. Femi,

Hi, good day! i currently working in Qatar now from Main Contractor. I know you are working for Ashghal so please bear with me. :)

This is the situation. We have received a Site Instruction for implementing QCS 2010 and Revised Traffic Manual to our contract. so in line to this we submitted cost impact because our Contract is administered by QCS 2007 and the old Traffic Manual. we have lot of discussions and argument with the GEC & PMC, and one of comment is stated below.

"The law always takes priority over contract. Their argument here is flawed. the imposition of the WZTM by law helps them with their claim that superior and more products were required under this change of legislation, and to meet these costs the client is partially liable. The fact that it was imposed on them by the client gives the contractor the opportunity for a claim"

How can i reply to this statement, can i show to them the clause 26.1 of our Conditions of Contract? Are we have the right to claim because of this changes of law? please advise, i been working for this claim for long time.

Thank you in advance

Dear Florence,

Thanks for your question.

I can read from your question that, there appears to be no argument that, the specification that governs your contract at the time of the award is QCS 2007 and after the award of the contract, a site instruction for implementing QCS 2010 was issued which called for you to revise  traffic manual for the delivery of the works. It therefore appears to me that, this issue is simple and the comments cited above, one can infer that, the comments validates the Contractor's right to claim for any cost incurred in addition to the contract sum by the revision of the traffic manual occasioned by the S.I that compelled the contractor to comply with the provisions of the QCS 2010 as against the QCS forming basis of the contract.

I can categorically let you know that, given the instance cited above by you and with the Site Instruction issued, the condition precedent to establishing change is already met and as such, the Contractor has a valid ground to claim for reimbursement of any additional cost incurred as a result of the change of the QCS 2007 intended to be used under the contract to a new version being QCS 2010 which is now instructed under the S.I. This is an issue covered under clause 51 (variations) and not actually clause 26 even though clause 26 mentions statutory regulatory changes.

The only issue is now that the variances between the QCS 2007 and QCS 2010 that gave rise to additional requirements must be properly demonstrated possibly in tabular form and detailing what would have been required and what is actually now required with their consequent costs and possibly time implication (if any) as well.

Hope i am clear enough.


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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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