Construction Law/effect of conflict between Particular Conditions and BOQ in a re measurable contract
Our Contract is re-measurable. We are the Engineer.
In the particular conditions it was mentioned that in the sites near to the sea the water proof for foundations is to be membrane, however, in the BOQ the item of proofing foundations was given for general case which is to use just coating (price of membrane is 5 times the coating).
The contractor has priced the water proofing item as given in the BOQ (coating). Now, according to the priorities of the documents Particular conditions prevail above BOQ and our technical department insists that Contractor should use the membrane although that the geotechnical report prepared by the lab of the Contractor in the post-contract stage stated that coating is OK.
Moreover,let me tell you that during tender process the bidders were instructed to inspect the site and be sure of the its conditions including the soil ones.
Now; my question is ; if the contractor uses the membrane, which price he is entitled to?
Dear mr. Khaled
Thanks for the question.Normally remeasure contracts provide for new rates if there is difference between the provisions in BOQ and let us say particular conditions.Here question is not priority of documents but what is covered in BOQ item's nomenclature and does he deserve extra for using membrane instead of coating.In this case client side wants extra safety in this waterproofing arrangement over and above what is covered in his price/boq rate and hence need to be compensated.