Construction Law/FIDIC Redbook

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Question
Dear Sir

(a)   FIDIC 1999 Red Book - remeasurement

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 either 150L or 100L water heater rate.


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??

or

He can accept that rate is for the 100L water heater in line with BOQ description  and revised rate to be agreed for the 150L water heater as per the drawing which was installed.

Could you clarify what is the correct from the above with reason.

If the contract is lump sum under FIDIC 1999 Red Book what is the correct decision from the above?


(b) 1999 FIDIC Red Book

Sub-Clauses 17.3, (a) to (d) and 19.1, (i) to (iv) are seem to be similar.

Could you explain the application differences of these Sub-Clauses with examples.

Br

Sudantha

Answer
Dear Sudantha
Hello!
(a)First of all extremely sorry for delay in response.Drawing is the priority in the contract then execution will be as per details of drawings only but at the same time contractor has quoted the rate as per BOQ only the new rate as per sub clause 12.3 will be applicale for the payment.

(b) Sub Clause 17.3 is related with Employer's risk and Sub Clause 19.1 is related with Force-Majure. The difference in application is that the risks listed in Sub-Clause 17.3  results in loss or damage to the Works, Goods or Contractor’s Documents, the Contractor shall promptly give notice to the Engineer and shall rectify this loss or damage to the extent required by the Engineer.

If the Contractor suffers delay and/or incurs Cost from rectifying this loss or damage, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:

(a)  an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and
(b)  payment of any such Cost, which shall be included in the Contract Price. In the case of sub-paragraphs (f) and (g) of Sub-Clause 17.3 [Employer’s Risks], Cost plus profit shall be payable. Sub Clause 19.1 for the satisfaction of conditions withe the definition of force majure explain fro (a) to (d).

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Sanjay Khandelwal

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I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

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I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

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I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

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My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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