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Construction Law/BOQ without lot of Relevant Items


Dear Femi,

General Conditions of Contract: FIDIC MDB June 2010
Type of Contract: Measure and Pay (or Re-measurement)
Contract Title: Laying 1200 mm dia. DI Pipeline
Present position of Contract: Already awarded to the Contractor, to which I joined subsequently.

Clarifications Requested:

1.0 All the relevant items are not covered in the BOQ, the details of which are available in the Document named "Employer's Requirements". But the "Employer's Requirements" and BOQ are not established as Contract Documents.

2.0 It is specified in the "Preamble to BOQ", to study General Conditions of Contract, Contract Data, Specifications and Drawings before pricing BOQ and not asked to study "Employer's Requirements" in this connection.

3.0 Further it is quoted in the "Preamble to BOQ", that all work required to complete the Project are covered in the BOQ and in pricing them, all the related costs - Basic and Incidental are to be included.

4.0 Irrespective of above, it is noted at the beginning of Bill No.1 - General Bill, to include the cost of all the missing items which are Contractually required in the items already available in the BOQ.
- Is such instruction acceptable in a Measure and Pay Contract?

5.0 It has been asked to submit clarifications within a period specified but the possible repercussions due to not asking such clarifications are not mentioned.

6.0 There were 12 Tenderers, but nobody had requested clarifications on this matter including the Contractor to which I joined after it was awarded this Contract.

7.0 Last para of clause 1.8 of General Conditions of Contract on "Care and Supply of Documents"  specifies that, "If a party becomes aware of an error or defect in a document which was prepared for use in executing the Works, the party shall promptly give notice to the other party of such error or defect."

Kindly consider the above facts and advice me, whether there is any way of obtaining Variation Order, entitling the Contractor for the receipt of the value of missing BOQ items.

Thank you.

Dear Jayan,

Thank you for your question and I must commend you for having gone these detailed regarding all the provisions of your contracts and its documentation.

With all the narratives you have provided about the missing items and the preambles to the contract and instruction to tenderers, there is no room to construe the missing items as a variation and claim for it. Particularly, if the missing items would have been shown or even if not shown but could reasonably have been foreseen as necessary for the completion of the work as intended.

Thank you.


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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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