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Dear Mr. Peter,


First of all i would like to inform you that we have a project of 122 villas here in U.A.E., our contract is lumpsum and we are using FIDIC 4th edition as basis. My question is, we have PC rate for finishes and our actual Quantity in site is higher than in the BOQ and the rate in the market is higher than the given PC rate, are we entitled to claim the difference in quantity and rate or only to adjust the PC rate whether or not the quantity varies from BOQ and actual? And is the quantity 5% wastage and 5% Maintenance to be handed over to client to be included in the claim or it is under the contractor's responsibility?

Hoping for your clarification at the earliest.


Dear Wasel,

A prime cost sum is an allowance, usually calculated by the cost consultant, for the supply of work or materials to be provided by a contractor or supplier that will be nominated by the client.  The allowance for waste is cover the cost of wasted material due to minor breakages or edges, where a full tile cannot be used.  The allowance for maintenance should be handed over to the Client.  You will get paid for both these items.  

If the prices have varied since the estimate was done, then that is an Employer risk and normally you can claim for the extra costs due to both quantity and price, unless there is a clause to the contrary in the BoQ or other contract document.

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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.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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