Construction Law/Variation


Dear Florin,

I wish to thank you for helping me to take your advice as and when the need arises.

My question today reads as follows.

The Contract drawing indicates two layers of bitumen paper as included in the slab culvert works. However, there e is no BOQ item for the bitumen paper.

Can the Contractor claim a Variation to be issued under Clause 13?  Or is it that because it was mentioned or shown in one of the contract documents [the drawing in this case], it is deemed to have already been included and made part of the Contract and that the cost is deemed to be built into any related work item?  

Thanking you in advance, I look forward to hearing from you.

Best regards,


Dear Alemu,

Thank you for your new question, glad to hear again from you.

You did not indicate the type of Conditions of Contract governing your Contract, but will assume you're using one of the '99 FIDIC Red Book.

In that Book, Definition reads ""Drawings" means the drawings of the Works, as included in the Contract", i.e. the Drawings (together with the Specifications) are describing the Works, which the Contractor must execute. All details included in the Drawings (or Specifications) are thus part of the Contract.

If there is a discrepancy in the BoQs, it should have been clarified at the time of preparing the offer, prior submitting it.

I suspect you did not do that, nor did any other Tenderer, hence, it is now considered that price of those two layers of bitumen paper is included in the price offered for the other items for the culvert slab.

As such, the answer to your question is negative, you have no entitlement to ask for a Variation Order.

Of course, you can try your chances, but any Engineer with a minimal experience would reject it straight away.

Hope that answer your query, good luck!

Construction Law

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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