Construction Law/Provisional Sum


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.



Dear Sudantha,

I do not understand the need for your question.  Has the Contractor entered two conflicting figures? Has the Contractor omitted to enter figures somewhere?  The FIDIC clause is very clear.  

Clause 13.5 b states
'(ii) a sum for overhead charges and profit, calculated as a percentage of these actual amounts by applying the relevant percentage rate (if any) stated in the appropriate Schedule. If there is no such rate, the percentage rate stated in the Appendix to Tender shall be applied.'

In this instance I would suggest that the BoQ is the 'appropriate Schedule' and thus you should pay in accordance with the BoQ.  Unless of course, there is no rate in the BoQ, in which case, you should pay the rate in the Appendix to Tender.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


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