Construction Law/Lump Sum Contract

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Question
Dear Sir

For the lump sum contract assume that the 200 nr of light fittings are shown in the drawings. However the BOQ only have 150 nr and rate is QAR 25 (amount is 150 x 25 = 3750).

Later the engineer instructed to omit the particular type of light fittings in some area (qty 50 nr). There is a provision in BOQ to include missing items, and however the Contractor not corrected the qty.

Then correct rate for the omission is either 25 or 18.75 (3750/200).

Could you explain with reasons.

Br

Sudantha

Answer
Dear Sudantha,

You have not mentioned the conditions of Contract in your question.The Contractor could correct the the quantity in BoQ as per provisions of the Contract but he did not do so.Generally drawings have the priority over BoQ. Thus more logical rate for omission should be 18.75.

But we need to see the priority. If drawing has the priority, above said rate will be followed. On the other hand, if BOQ have the priority in {Priority of Documents], then 25 QAR would be valid.
Regards
Engr Arshad Mahmood  

Construction Law

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Arshad Mahmood

Expertise

I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.

Experience

Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Organizations
Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Publications
Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

Education/Credentials
BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

Awards and Honors
Commendation Certificate for the excellent management qualities and dedication at Ghazi Barotha Hydropower Project; and Certificate of Excellent work performed during Survey Camp.

Past/Present Clients
Water and Power Development Authority (WAPDA),Associate Consulting Engineer(ACE) and National Engineering services Pakistan(Pvt.) Limited (NESPAK)

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