Construction Law/P Sum

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Question
Dear Sir

According to the FIDIC 1999 Red Book, SCL 13.5 (b), the Contractor shall insert his percentage for adjustment of PS in Appendix to Tender.

However in the BOQ also has a provision to insert his attendance fee and OH&P, based on PS amount.

Therefore during the post contract stage, what method the PQS has to pay to the Contractor, either in accordance with Appendix to Tender or BOQ.

Br

Sudantha

Answer
Thank you Sudantha for your question.

Please note that the provision of FIDIC 1999, clause 13(b) is very clear as to the application of attendance and OHP. The clause provides that; the first place to see the applicable percentages for the items of Attendances and OHP is the schedule (i.e. schedule of rates or schedule of price which again means BOQ). The clause then further advised that, if no schedule or the percentage is not stated in the schedule, then, we check the appendix. I do believe that it is scarcely you have these percentages stated in the appendix. Most commonly, they are stated in the BOQ page of the PS itself. Where they conflict, then, the Engineer will be notified for appropriate determination.

Hope this clears your doubt?

Regards

Femi

Construction Law

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Femi Alofe

Expertise

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

Experience

Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

Organizations
1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

Publications
1. AACEI RP on Estimating, 2010

Education/Credentials
1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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