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Construction Law/Conflict between dwgs and BOQ


in the drawings the concrete needed for raft is specified to be OPC cement and 30N  but in the BOQ it is specified to be SRC cement and 35N and Micro silica to be added and we have a mix design approved from the consultant as the specification of the drawings but the consultant was changed and the new consultant wants to follow the BOQ and this is an additional cost
Please advise what is correct and which specs we follow first if there is a conflict
Many thanks

Dear Ashraf,

Thank you for your question.

It would have been so easy for me to answer your question straightaway but because you did not provide the type of contract you are operating and the conditions of contract applicable.  Notwithstanding,  it is a general norm that, when there is a conflict as you experienced in the contract documents requirements,  the attention of the Engineer must be drawn to such conflict or discrepancies so as for the Engineer to clarify as required. Now, you are to note that, the engineer may upheld any of the specification as what is required under the contract. What I guess will follow is, what if you have not pricedone for the option the engineer decideso.  This is where the type of contracy comes in. For example, if it is a lump sum contract, then it may possibly result to a situation that you carry out whatever and whichever of the specification the Engineer advised at no extra cost. Other inclusions in the contract that could possibly influence the Engineers decision may be "priority of documents" and again, the type of contract will play a big role in what to be upheld (which likely to be the specification in the drawing) and at whether extra cost or not.

Hope this is clear ?


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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

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