Construction Law/Discrepancies in the BOQ
Dear Mr. Manish Gupta,
General Conditions of Contract: FIDIC MDB June 2010
Method of Measurement: CESMM3 Third Edition 1991
As per clause 2.6 of the CESMM, "All work which is expressly required should be covered in the BOQ" but, there are lot of such work not included in the BOQ.
Any Tenderer has not brought this to the notice of the Employer.
Now this Contract is already awarded.
1.Can this Contractor request now from the Employer to produce BOQ items for the missing work?
2. How can he justify this case?
Please accept my apologies for delayed response as I was travelling.
In your case the Contract seems to stipulate that the "the works forming part of your project are included in the BoQ"....does your Contract also stipulates that "what would happen if the items are not mentioned in the BoQ but are shown on Drawings and/or Specs".
You need to analyse your situation by considering following:
1. Is your Contract Remeasured or Lump Sum
2. What is the Priority of Documents.
3. If the BoQ is stipulated as highest priority documents; then why the Contractor did not ask questions during Tender Stage; I presume he must have noticed certain items shown elsewhere but not in the BoQ.
In my opinion if above wording is in your Contract and the nature is Remeasured; the Employer has to pay for any additional item not priced by the Contractor.
With regards to justification of such additional items; the Contractor should submit following documents as minimum:
i) Notifications in timely manner
ii) Additional Items - Shown on Construction Drawings/Specs but not on BoQ (he should be ready with his home work to reply when the Employer asks him that why he was mute during tender stage and didn't ask any query in this regard)
iii) Breakdown of any Lump-sum Items : If some of the items are not quantified but listed as "Item" or "lot" etc; and if the Contractor feels that some design changes have been instructed for such items then add/omit or itemised comparison with "Priced" Vs "As Built" mechanisms may be used.
Hope this helps.