Construction Law/Query FIDIC

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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
Hi Sudantha

Answer to part (a) of your question is simple; if you know that it's an oversight then it is ethically and in some cases, legally wrong to demand a revised rate. Also, drawings have priority over BOQ so in any case the same rate will apply for 150L Tank.

I could not offer you the answer to part (b) because I do not have FIDIC Red Book with me. If you could send me the text then I may be able to answer you.

Thanks & Br

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Mohsen Islam Khan

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I would prefer to address issues related to Construction Contracts Management, Dispute Resolution in Construction, Issues related to FIDIC based Construction Contracts, Construction Project through Public Private Partnership.

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Over Seven (7) Years of Experience in Construction Contracts Management. Rich experience of managing FIDIC based construction contracts. Contract Management and Contract Negotiations for Infrastructure Development on Public Private Partnership Basis.

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B.Sc Civil Engineering, M.Sc. Construction Engineering and Management with Specialization in Construction Contracts Management and Dispute Resolution in Construction, Project Management Professional (PMP)

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