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Construction Law/BOQ items in lump sum contracts


I am working on a lumpsum contract in Saudi Arabia responsible for EPC of various substation. Contract is standard form as per govt tendering procedure and not governed by FIDIC. In BOQ some of the operational spares which have been priced are not required as per supplier recommendation.

You are requested to please clarify if we can claim the amount even if spares are not supplied?

I understand that since it is lumpsum contract and unless supplemented by VO, we are entitled to claim whole of the contract price and if such items would have completely missing from the BOQ and supplier would have recommended then we were suppose to supply the same even in the absence of any unit rates mentioned.

Dear Muhammad,

Good morning.
Thank you for your question apology for responding late.

Please be advised that, under lump sum contract, if an item has been mentioned as being part of the contract whether mentioned in the BOQ or specification or the drawings, it is an obligation of the Contractor to execute or deliver such item. Supplier's recommendation is not a valid ground to override the contract provision except such recommendation has been considered and granted by the Engineer. If this happens that the Engineer considers this recommendation and issues instruction accordingly, then, such instruction constitutes a variation. Then,in such case, the contractor cannot claim for what has been omitted under the contract because the variation becomes a negative variation to the contract lump sum.

I hope this clears your doubt?



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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


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