Construction Law/Price Adjustment Weightage
First of all i am thankful to You for Your continuous patronage.
Once again i need Your precious advice in view of FIDIC for resolution of the matter stated below:-
A contractor has submitted his bill for payment of escalation, druing the scrutiny of the bill it has been observed that the schedule of adjustment data consisting in his bidding document was left blank by him and no weightage against the payable index were incorporated at the time of contract. However as shown in the schedule of adjustment data fixed part was 0.60% and rest of the 0.40% is blank. For calculation of escalation he has divided rest of the 0.40% by four and quoted 0.10% against the each payable index.
My question is that is he right? shall we consider his calculation realistic and process his escalation bill or the leftover blank weightages shall be considered Zero and his bill shall be cancelled?
Please guide me in accordance with the FIDIC to process the bill earliest.
Thanks & Regards
Ali Iqtidar Dara
Dear Dara Sahib,
Thank you for your another question.
To put up my view point in very simple terms is that nothing can be changed once the contract has been drawn except through an amendment between the parties. Here the scenario appears to be same with no provision as blank spaces has been left or in other words no weightages given and contract has been signed. In present position, the contract is signed without weightages though it may be mistake and has somehow escaped attention during evaluation process. But contract is a contract and hence change against it as envisaged has to be though an amendment in the contract. This is my opinion and if you still need any clarity or substantiation, please come back with a supplementary question.