Construction Law/Contract law

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Question
FIDIC contract Harmonized version 2006 English Law
A highway section one km long 4 lane in the original contract was changed to 2 lane by the Engineer on Employer's request. The contractor had ordered geotextile material and pvds for the 4 lane. After using a reduced quantity for the two lane road he handed over the balance quantity to the Employer. The Engineer certified payment at the BOQ rate which is lower than the price he paid. Contractor claims the actual cost he paid. Tendered rate is below cost. Is the contractor entitled to payment at actual cost?
Thank you for a expert reply.
Mututantree

Answer
Dear Mututantree
Hello!
I am taking this opportunity to reply your question. In this circumstances, Engineer has to evaluate the payment as per provisions of subclause 12.3 FIDIC contract Harmonised version 2006. The new rates will be evaluated as per the rates prevail in the market. Therefore, contractor is entitled to get cost and appropriate proffit over the price.
I hope this will help to you.

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Volunteer


Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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