Construction Law/Missing BOQ item

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Question
Dear Sir,

I am asking for your expert advice kindly.

It is about a road project. The project works consist of construction of a gravel surfaced road including construction of structures like bridges, culverts and ancillary works along the roads stretch.

Previously the project had been awarded to one Contractor. But after progressing with it and undertaking the construction to different levels up to finishing some of the road stretches with gravel, the Employer terminated the Contract.

As such, the tender was again floated for execution of the remaining works (uncompleted works) of the project.

My questions are as follows:

The Contract in the Standard Technical Specifications provides that the Contractor should create easy access for public and construction traffic by constructing diversion road with specified method of construction and dimensions.

However, it happened that there was no pay item in the priced Bill of Quantities and neither there is a preamble that specifies that the cost of omitted items would be distributed in other related items of work.

It seems that the diversion road was considered as if it was constructed by the previous contractor and the current contractor was assumed to use the same, because in the previous contract there was a pay item in the priced BOQ.

Is this a discrepancy in the documents? How would this be resolved? Would the Contractor have a claim for new rate under Variation?

Being deeply indebted in advance to hearing your expert advice, I remain

Alemu

Answer
Dear Alemu
Hello!
I am taking opportunity to reply your question regarding missing items in the Bill of Quantities. If the work work executed/to be executed under the balance work contract awarded to another contractor than if items are missed and quantities were already fully utilised by the previous contractor, resulting balance work BOQ have the missed items which are needed to execute as per site requirements. Contractor have the right to claim under variation clause of the agreement for the new rates for other than Bill of Quantities items.

I hope you will find above as per your querries raised regarding the matter of missed items from BOQ.

Construction Law

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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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