Construction Law/Item rate


Dear Sir

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.

The priority of documents described in the Sub-clause 1.5 and/or in the Contract Agreement should be analyzed first, then the Engineer is to be asked, since the Sub-clause 1.5 says that in case of discrepancies in the Contract documents, the Engineer is to give clarifications. The Technical Specifications (for FIDIC Red Book) or Employer's Requirements (for FIDIC Yellow Book) should be analyzed, too. The Contract documents should be read together and see what was the intention of the Contracting Authority when it drafted the Contract documents.
The priority of documents is important, but it is not the only one issue to be taken into consideration, as you can see above.
I hope it helps.
All the best!

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Alina Valentina Oprea


I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.


Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on

Dispute Resolution Board Foundation

see ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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