Construction Law/Re measurement/Lumpsum
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??
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.
ANSWER: Dear Sudantha
In RE-MEASURABLE CONTRACT you get paid for what you do. So if you install a 150 l heater you get paid for that rate. But if your BOQ has only one rate for a 100 l water heater, then you are required to install 150 l as required by drawing, then you should do that and claim for the price difference.
SCL 19.1 defines what is considered a Force Majeure under the contract and scl 17.3 defines what are the risks of the Employer. So a war is considered a force majeure and it is an Employer risk
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QUESTION: Dear Sir
In the last paragraph under war condition, what SCL the contractor has to use either SCL 19.1 or 17.3, because the both SCLs stipulate the Contractor's entitlement.
17.3 is the SCL that identifies what are the risks associated with the Employer. You need to use this scl when claiming. Ie your case should be identified with such risks.
SCL 19.1 is the definition of the force majeure events. you might need to refer to this clause.