Construction Law/conflict between particular conditions and BoQ
QUESTION: Dear Mr. Wael;
We are the Engineer for a bespoke governmental contract in KSA. I am going to ask you a question hopefully you reply to me in view of (a)FIDIC red book, (b) FIDIC Yellow book and (c) your general understanding as practice & Experience wise.
The Particular condition includes within it the particular specification where it is mentioned that the roof insulation should fulfill the requirement of the U-Value in the applicable codes, applying this by the Engineer it led to thickness of insulation of 10 cm. Whereas in the roof item in the BOQ which quoted by the Contractor in his tender, the description of the roof insulation states a thickness of 5 cm.if you know that in case of conflict, the particular conditions prevails above the BoQ, what thickness we should follow and how will the Contractor be compensated?
ANSWER: Dear Khalid
You have asked the question and gave the answer. The Contractor has signed on providing the u value for the roof as per the particular specification. He should deliver the same as part of his contractual obligation.
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QUESTION: Dear Mr. Wael
OK, agree with you, the contractor should deliver it as per P. Specification which says 10 cm thickness however what about the price to be used to pay him. is it of the same item in BoQ which describes 5 cm ? OR, the Contractor in this case is entitled to adjustment of the price (additional variation)?
That's very important to me,
Since the Contractor has accepted to provide the roofing with a certain u value then he should deliver the same at no extra cost to the employer.
now, you have some technical issue to deal with regarding the statement of 5 cm in BOQ which will be overcome when you refer to the priority of the documents. In addition to that, most contracts would have a statement regarding the obligation of the contractor to go by the most stringent requirement in the contract.