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Construction Law/Additional works - Builder's works

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Question
Dear Ms. Alina,
How are you?
We are having the contract with fidic red book.
The Clients introduced new slab which need to be connected with the existing slab and beams. For that the Column sizes also increased by introducing the column jackets.
Now the Contractors are claiming the additional cost for the drilling works (nearly 500 drilling holes). Our Consultants are rejected the Contractor's additional quote and said this drilling cost will be under the Builder's works.
As we are the Clients would like to take the reasonable action based on the contract.
Please advise us in this issue.
Thanks and regards,
Joseph A George

Answer
Dear George,
In FIDIC Red Book the actual quantities built are to be paid, according to the Sub-clauses 12.1 and 12.2. Therefore, if additional works are required (the new slab instructed and the necessary column jackets, as well as the necessary drilling works - the nearly 500 drilling holes mentioned), they should be paid, too, if additional costs will be incurred.
The additional works will be paid according to the unit prices (the rates) in the Bill of Quantities or, if there are no such rates (unit prices) or if the conditions of the Sub-clauses 12.3 are fulfilled, there will be new unit prices (rates) for the new items.
Hope this helps.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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