Construction Law/Variation - 1999 FIDIC Red Book
I have a query about Sub Clause 12.3 [Evaluation], 1999 FIDIC Red Book
Please consider the following example:
Item: Disposal of unsuitable material
Quantity as per BoQ 1,000 m3
Actual Quantity (as per site situation) 50,000 m3
Unit rate for this item AED 30 per m3
Accepted Contract Amount AED 250 million
Above quantity change is comply to the Sub Clause 12.3 (a) (i) & (ii)
If this item is not a fixed rate item and comply to the Sub Clause 12.3 (a) (iv) , then
(a) How we verify the Sub Clause 12.3 (a) (iii), to propose new rate.
(b) How we derive the new rate
Could you show the calculation clearly with any assumptions mention clearly
Are you sure new rate is applicable Contractually?
Please clarify if it is a Lump Sum Contract?
Was any clarification raised during Tender Period with regards to these quantities.
Did all tenderers consider this Qty as 1000m3 only?
Based on your responses the action to deal with item can be considered.
To derive a new rate -- Manhours, Material and Equipment costs are to be considered to carry out 1m3 of quantity and then apply the same rate for 50,000 m3.
However first of all you need t establish if this claim is valid one?