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Construction Law/Missing Items in the BOQ

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Question
I am a quantity surveyor, i prepared a BOQ for my client. during construction, we realized some items were missing in the BOQ  and yet the contractor went ahead and did the works as per drawings and specifications.
The contractor valued his works and submitted his claim. The client demands to know why these items were missed. To me i was incompetent but i would want more technical reasons to back this ugly situation.
Why would some items miss out in the BOQ yet they appear on drawings and specifications.
Thanks

Answer
Dear Daniel,

Thank you for your question and frankly, I appreciate your sincerity. Indeed, you weren't the brightest light in the Christmas tree, but that happens to all of us, once in a while.

Frankly, not sure what kind of technical reasons I can give you, but the way out for your Employer and probably for you too is:

Contractor is bound to execute the Works as described in the Contract documents, that including Specifications and Drawings.

If certain items are shown/ described in these documents, but not shown in the BoQs, their cost is deemed to be included in the rates/ prices of adjacent items that are included in the BoQ.

If no Tenderer has asked for any clarification prior to tenders submission, that including the current the Contractor, the Contractor is liable to bear all costs for executing the Works, in line with Sub-Clause 4.11 [Sufficiency of the Accepted Contract Amount].

Trust that will help, now on you how to sell this to the Employer.  

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Florin NICULESCU

Expertise

Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

Experience

Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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