Construction Law/Rate Confusion

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Question
Respected Sir AA
First of all i am thankful to The Team All Experts for the earlier guidance regarding Escalation.
Now once again i am in cul de sac and need Your precious opinion in accordance with the contract provision for the problem stated below:-
My Question is that we are working on a road project which was started in feb-2013 and will be completed in sep-2015. currently we are working in the pavement structure zone of the road. As per construction drawings and set BOQ 0.15m thick sub-base top treatment of shoulders was proposed, but in view of site situation this proposal is not feasible thus the consultant's concerned proposed PCC 1:2:4 having adequate PCC 1:4:8 underneath as top treatment of shoulders on both sides. this change in scope of work leads for sanction of Variation Order from client/sponsor to regularize payment process.
During the preparation of V.O the inclusion of PCC 1:4:8 & 1:2:4 quantities and rate became a dispute.We pronounce that the quantities against such variation shall be carried out to the Bill No.4a or 4b of the set BOQ because the rates against PCC 1:4:8 & 1:2:4 are already approved. whereas The Consultant's express that as these prescribed quantities therefore the quantities will be incorporated in relevant bill of works i.e Bill No.3 (Surface Course & Pavement) and new rate i.e CSR rate will be applied for processing of payment against such work done.
Please guide me in accordance with the provision of contract which rate shall be applied for payments against the above stated two items?
Anxiously waiting for an early reply please.
Regards"

Answer


Apology for the late reply, I am currently in remote area in Asia and have very unstable and weak internet connection.

You did not mention the form and type of contract you are using.

My answer will be general based on what you have provided.

If there is a change in design initiated by the Employer or Employer's Consultant, then the Contractor should advise of any cost and time impact to the Employer.

You need to check the provisions regarding claims and variation in your contract regarding exact procedures.


Regards,

Jonathan L. Peralta

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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