Construction Law/BOQ Error



FIDIC 1999

Assume that the drawing shows to install 150L water heater.Due to an error in the BOQ, it is described as 100L. Then the contractor has to use 150L or 100L water heater rate for the heater.

Could you give your answer for both re-measurable & lump-sum type of contracts.

ANSWER: Hello Sudantha,

Welcome back, thank you for your question.

According to Sub-Clause 1.5, Technical Specifications and Drawings are taking precedence over schedules, i.e., BoQ.

Hence, Contractor must execute the Works as described in the Technical Specifications and Drawings.

Normally, Contractor should have asked for a clarification at the time of tendering, but now is too late and has to live with what he has priced.

I presume your question is again academic, but the principle is the same for both Yellow and Red FIDIC.

Except that for Yellow FIDIC, it might be the case that drawing showing the heater is orientative (not imposed) and Contractor has the freedom to design whatever they think is suitable and if the Engineer approves the design, the Contractor will execute it accordingly and be paid for it, the Lump Sum. Hence, Contractor would have probably included some reserves in his tendered price, to cover exactly this kind of uncertainties.

Additionally, there should be no BoQ in a Yellow FIDIC Contract.

Hope that answer your question.

---------- FOLLOW-UP ----------


In RE-MEASURABLE CONTRACT if the drawing is priority, then the client's QS can say that although the BOQ is described as 100L water heater, contractor's rate is for the 150L water heater due to priority of document??


Rate is for the 100L water heater in line with BOQ and rate to be agreed for the 150L water heater as per drawing which was installed.

Could you clarify what is the correct way.


Hello again Sudantha,

Thank you for coming back.

Rate is for the 150l heater, as described in the Drawings.

But! That is the basic principle answer. Please mind that Contract may include other information, somewhere else, which may reverse that.

One needs to make sure that all details in the Contract are properly identified and assessed, as always, any little detail may completely change the situation.

Hope that clarifies the matter.

Now, hoping I satisfactorily answered the question, tell me please: I see your questions are rather academic/ theoretical than from real situations in a Contract you are dealing with.

Where are these questions coming? Are you preparing a PhD thesis, or what. Suggest you give me that detail, so I can understand where you are coming from and adjust my answers accordingly.

Hope that helps!

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