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Construction Law/Conflict between the contract requirements


Dear Sir;

the sequence of our contract documents in case of conflicts is: P. Conditions then project specification then BOQ..... the P.conditions say the drainage pipes are recommended to be class 5 whereas  P. specification and the BOQ (the description of the item priced by the Contractor) say the pipes to be used for drainage are to be class 4
is this a case of  conflict so that we have to go to Class 5 without additional cost or the word "recommended" in the P.conditions is not making it mandatory to use class 5 and so we can go to class 4 and avoid any debate with the Contractor?

Thank you

dear khaled sahib,
thanks for the question
The important point here  is that what the 'intent' in P.conditions at the time of tender preparation or agreement and is obviously what has been recommended there.In my opinion making it mandatory or not is not relevant
Regards-liaqat hayat  

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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