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Construction Law/Sufficiency of the Accepted Contract Amount

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Question
Dear Sir

Refer to the 1999 Red Book, Sub-Clause 4.11, for the re-measurement contract, what is the purpose of the Contractor to satisfy the correctness and sufficiency of the Accepted Contract Amount?

Because he will get payment, according to the actual work done. Any change to the given data/information shall be considered as a variation.

Could you explain how to apply this Sub-Clause both the Client's & Contractor's sides.
Br
Sudantha

Answer
Dear Sudantha,

Thank you for your question. I have following understandings of the referred matter.

The sufficiency and correctness of the accepted contract amount by the Contractor only indicate that he has duly considered all aspects mentioned in Clause-4.10 & 4.11 and has duly catered for his obligation in the quoted price accordingly. The variation has to be initiated through written instruction of the Engineer and hence it is dependent on this aspect as well. I hope I have answered your question and if not please come back with a specific query.

Regards,
Liaqat Hayat  

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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