Construction Law/Rate only Item


Dear Sir,
I am the main contractor for a pilling job for which FIDIC MDB 2005 is applicable.
There was an Item in the BOQ at the Tender for pile hacking(breaking  pile termination point to reach sound concrete which is normal in the piling contract.).Once we have given our bid Employer has taken off the quantity of this item but keeps the item as “rate only” under same item the BOQ stating that we can use it if it is required. This leads Bid price reduction. Later this item actually was required and they have paid through actual quantities and using rate in the BOQ as “rate only”.
a.   Can we ask EOT for this? Is it necessary to the Contractor to consider the time impact for the item given as “rate only” at his Bidding price?
b.   Project is actually delayed due to this pile hacking Item. What are the financial considerations as a contractor we may able to address and under what clauses those can be referred.
Than you

Dear Thusitha,
Sorry for delayed response but some how escaped my attension.
My resonse to your 2 questions is as follows
(a)yes if project is actually delayed  and you have record of necessary notifications as per clause 20.1 which you clarified in question (b)
(b)The clause 2o.1 clearly state "If contractor considers himself to be entitled to any extesion of time and /orany additional payment,under any clause of these conditions in connection with the contract,-------".I hope this is helpful.
Regards -liaqat hayat

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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