You are here:

Construction Law/New BOQ during the progress

Advertisement


Question
Dear Ms. Alina,

we are having the contract under Fidic red book. 2 projects are combined and made one agreement with separate BOQ. One project modified (Project 1) fully and the other project (Project 2) is in progress with some changes in structure and finishes.

For Project 2 - At this stage the Contractor submitted a new BOQ with new quantities with the same BOQ price in addition of than 30% more of the contract sum. Our Engineers did not agree the new BOQ and instructed the Contractors to submit the VOs for the new items.
My Question,
1. Does the Contractor have the right to introduce the new BOQ during the intermediate period of the progress?
2. Time implication?

Suggest us as we are the Client's QS. The Client is also suggesting the Engineer's statement.

Thanks and regards,
Joseph A George

Answer
Hi,
Let me see if I understood well:
So, there were 2 projects, each with its BoQ and now you have 1 contract incorporating the 2 projects, but within the contract each of the projects is modified. The contract is FIDIC Red Book. Now, the Contractor submitted a new BoQ for project 2, with new quantities and higher prices.
Being a modification comparing with what was initially in the project 2, normally it should be one or more Variations (therefore, one or more Variation Orders) for what is modified, and from these variations it will result the new BoQ.
The Contractor has the right to propose new items or new prices according to the Clause 13 [Variations] and 12.3 [Evaluation], therefore it will be a new BoQ - so, yes, he has the right to introduce a new BoQ, but only as a proposal and the new BoQ will be part of a variation.
In case the modifications will generate delays in the finalization of the Works and these delays are not caused by the Contractor itself, then the Contractor will be entitled to extension of the Time of Completion according to the Sub-clause 8.4.
Hope my answer is of help.
Best regards,
Alina

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

©2016 About.com. All rights reserved.