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Construction Law/Clause-51.1(b) Omission of Work - Fidic 1988/1992


Marcel Dube wrote at 2015-04-22 09:14:41
Dear Farooq,

It all depends on exactly what you mean when you say the Engineer has asked you to submit a quote for an alternative solution.Is this an option to use a different class of concrete. i.e an alternative to class 12/15? or is it a complete omission of all bill items requiring class 12/15 concrete. If the former,then what you can do is price the alternative class of concrete in the same way and include your lost overheads and ensure the price is slightly more or less than the original price for C12/15. If the Engineer queries the inclusion of the unusual element of overheads, then you explain. That way, at least you are extending to the Employer an opportunity to weigh his options of either negotiating in good faith or terminate you.

If the later, and the omission is substantial relative to the total contract value, you may try to claim for loss of anticipated profits (depending on what the contract says with regards to variation limits).  

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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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