You are here:

Construction Law/Omission of works not executed under lump sum contract


Dear Peter,

I am working as a qs in consultant firm.I would like to ask a question which i'm encounter in one of my projects.

Could we omit the items that have not been carried out under lump sum contract with the initial scope of works did not change, the items indicated in the payment breakdown and contractor price in the items. However, there was no such works need to be carried out on site and did not shown in the drawings but there was a statement stated referred to specifications.

Please advise me.

Dear Jamie,

You don't mention the form of contract nor the applicable law, so the following comments are general.  

I am not sure that I understand this question.  I am not sure why you wish to omit these items.  It appears that there was a BoQ or similar and the items were included in the BoQ and priced.  It appears that there was something in the Specification which is not to be applied.  Lump Sum means Lump Sum, errors, omissions and all.  Would you pay the Contractor extra for an item, which was shown in the Specification, but excluded from the drawings or the BoQ?  You need to apply a consistent standard.  The Contractor takes added risk if you ask for a lump sum, so is due an added sum to cover that risk.  You use lump sum contracts so that you have certainty of the final price.  I would avoid this situation and say nothing in case you open a whole bag of trouble when it becomes obvious that something essential has been omitted.  

Construction Law

All Answers

Answers by Expert:

Ask Experts


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

©2016 All rights reserved.