Construction Law/same item twice in BOQ
QUESTION: Dear Sir,
we have a case that exactly for Medical Equipment item, we have a BoQ for the particular item (item name; Microscope) with the specification reference(e.g:reference no.A) and another Boq for the particular item (item name; Treatment unit) with the specification reference(e.g:reference no.B). as a contractor, we have priced for two item as per the Boq.
The issue that, the specification reference no.B stating that, the item Microscope to be provided along with it (item name; Treatment unit).according to that the Engineers issued the instruction for omission of item Microscope as a duplication and with the specification reference no.B
this is a Lumpsum contract and FIDIC 1999, Please advice for the rights
ANSWER: Dear Anwar
I could not see any issue with the Engineers action. It is a contractual right of the Employer to omit items that he decides as not required any more. However, you can claim any cost paid in procurement of such item and you can check the value of the item compared to the total value of the contract. if such value is higher than the specified then you have the right to negotiate another price different that the BOQ price.
---------- FOLLOW-UP ----------
QUESTION: Dear Sir,
Thanks for your valuable advice,
Following to your answer, I want to make you clear about the case,
I agree with you, It is a contractual right of the Employer to omit items(Microscope) that he decides as not required any more.
But the Employer wants the same Microscope along with Treatment Unit with the specification reference B.
But we have standalone BoQ's for each item Microscope and Treatment Unit and we quoted each price in BoQ's.
According to the EI, the contractor agreed to omit the item of Microscope and informed to Engineer as never provide the same item into the Project. but the Engineer again advised us, "the Microscope to be provided along with Treatment Unit without any additional cost as per Spec refr. B"
If the contractor provided the Microscope as per engineer advice, then the contractor how can recover the losses?
Please advice for the rights,
As i Understand it, you are required to supply one microscope and one treatment unit that include a microscope. The Employer does not require the first microscope which is quite contractual. The case is very clear here except if there is some other information.