Construction Law/queries


The Contract is Lump Sum -Fixed price type based on FIDIC 1999 FIRST EDITION (RED BOOK).Priority of documents as per Clause 1.5.
Please clarify--

ORIGINAL SCOPE -having fixed type Aluminium window , priced in BOQ
AED 500/=per number.The market price is AED 300/=.

The Engineer instructs to omit the Fixed type window and replace with Open able type Aluminium window which has the market price as AED 400/=
The Engineer determines to pay AED 400/=
Whereas Contractor is  Claiming AED 600/= (500 +100 )
Who is justified and according to which Clause ?


Dear girdhar,

You do not state the form of contract and this question is similar to many others submitted recently.  

It all depends whether you are using the red book or the yellow book for the lump sum.  Clause 12.3 is relevant for the red book.  There is no similar clause in the yellow book.

The Contractor is correct in claiming AED 600/=, if there is nothing to the contrary in the special conditions or in the preambles to the BoQ.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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