Construction Law/Omission


Dear Sir,

My query is hypothetical one which I prepared to use Sub-Clause 12.4[Omissions]

(a)What do you mean "the revised drawing WILL not show"?! How do you know what the revised drawing WILL show or not?!

- When the revise drawing receive, the Contractor has completed the works according to the previous drawing. Generally like this incidents happen in construction sites.

(b) Did you actually receive it and found there is a difference?

Is the wall already built at 100 m?


(c) Why was the wall built before receiving the revised drawing?

- As I described above (a), rarely this happen in the construction sites.

Whether the Sub-Clause 12.4[Omissions] can be use for the above situation & as I asked before, the revise drawing was issued with Site Instruction and the Contractor should demolish the 25m wall?
Whether the Contractor can recover the above abortive cost.

Dear Sudantha,

Thank you for coming back with these details.

In the described situation, 12.4 does not apply, as that refers to work that is omitted from the Contract, i.e. which are no longer to be executed.

If the wall has been built and the Engineer has issued a revised drawing, as an instruction, then indeed, the Contractor should demolish the 25 m and get paid for.

But as a matter of precaution, Contractor should ask the Engineer for a confirmation and eventually, for agreeing the price for demolition and evacuation/ disposal of rubble.

Which should constitute a Variation Order, as the Contractor has done what was required in the Contract and now he is requested to do something in addition.

For avoidance of doubt, VO would be needed for omissions too.

Trust that answers your question and please, whenever you have a question, do describe clearly your situation and provide relevant Contract information so we can help.

Construction Law

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