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Construction Law/Errors or Defects in Documents



Clause : Last para of cl. 1.8 - "If a party becomes aware of an error or defect in a document --------- the party shall promptly give notice to the other Party of such error or defect."  
The relevant Contract is now awarded in which, the BOQ and Specifications are not established as Contract Documents.

The Contractor has not brought this to the notice of the Employer before Tendering or Awarding the Contract.

When this is reported, definitely it will be corrected.

1.If we let the said documents to remain as non-contractual, what are the repercussions?
2.In getting these corrected subsequent to the notice of the Contractor(before or after Award), is the Contractor entitled for any advantageous?

ANSWER: Dear Shantha,
First of all, I would like to say that I could not  fully understand  your question. Probably, you would like to say that BoQ and Specifications are not the part of the  Contract documents. If this is the case,it is very strange as these documents are the basic part of the Contract.

Such queries could be asked during pre-bid meeting  or subsequently at the time of singing of the Contract. Anyhow,the spirit of last para of sub-clause 1.8  only refers to errors and defects of a technical nature, and not to those of a financial or other nature.Moreover,the General Conditions are not intended to impose, on the recipient of another Party's document, any duty of care owed to the Party in respect of the discovery of errors or defects, but such a duty may be implied under the applicable law.

Answers of your questions are here under:
1. The repercussion will be the ambiguities due to incomplete Documents which may arise disputes.
2. The Contractor may get advantages if the BOQ is added after award of the contract,even with mutual consensus.
Better is ,it should be cancelled and  and a fresh tender be again called for after making necessary correction.

Engr Arshad Mahmood

---------- FOLLOW-UP ----------

QUESTION: Thank you very much for the response.

As I have quoted at the beginning of my original question, the GCC applicable to this Contract is FIDIC MDB June 2010 and not that for CONSTRUCTION (Red Book),in which the Errors and Defects should be Technical Nature.

I the GCC applicable for this Contract, any specific nature of Error or Defects is not mentioned.

What I mainly want to get clarified is under this particular circumstance whether there are any possible claims the Contract can gain.

Thank you.


I have failed to understand your question. It is  generally not possible to make a contract  which do not  establish part of the Contract of BOQ and Specifications.
Any how,if this is the case,the Contractor may give notice and raise possible claims that may arise due to the un-established BoQ and specifications of the Contract.
If you wish further detail, please send me full detail of your documents on my personal e-mail[mahmoodarshad27"].


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Arshad Mahmood


I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.


Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

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Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

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Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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