Construction Law/SCL 13.1 (e)

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Question
Dear Sir

1999 FIDIC Red Book

According to the SCL 13.1(e), any additional work instructed by the engineer shall be necessary for the Permanent Works.

If the instructed additional work is not necessary for the Permanent Works, then whether the contractor can object to execute or alternatively request for the different rates from the current BOQ.

For example, initial scope of work is only construct a building and then the engineer instructed do the swimming pool as a variation.

Could give your comment in line with SCL 13.1(e) .

Br

Sudantha

Answer
Dear Sudantha,

Thanks for your question.

You are right in a way and since it looks inconsistent to have two different rates under the same contract through a normal variation instructed under clause 13; the contractual way of doing that is to have the swimming pool (as cited in your example) as a separate scope of work annexed to the original scope. In that regards, you would need to have the swimming pool added through either "a supplementary contract" or "annexure to the contract".

Hope this is okay?

Regards
Femi

Construction Law

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Femi Alofe

Expertise

I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts

Experience

Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

Organizations
1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

Publications
1. AACEI RP on Estimating, 2010

Education/Credentials
1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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