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Construction Law/Missing Items in the BOQ


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.

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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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.


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.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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