Construction Law/Tender

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Question
Dear Sir

After submitted a tender, if there is any arithmetic errors in the BOQ, then whether the contractor has to resubmit the BOQ and Letter of Tender with corrections, or is there any procedure to follow to conditional acceptance of the tender without resubmitting?

Because after arithmetic corrections, lowest tenderer may become 2nd or 3rd lowest.

Could you explain, how the engineer handle this issue?

Br

Sudantha

Answer
Dear Sudantha,

You have to study the ITT and the conditions of the contract attached to the tender documentation. I am sure, it will address what you should do. However, there is a common process. If the error will, when corrected, will increase the tender sum submitted, the Employer writes the tenderer to confirm its price, accepting to cope with the error without changing the amount submitted and if the amount increases, the tenderer loses his position if he eventually turned out not to be the lowest after correction of the error. In some ITT, the error in such circumstance cannot be corrected to the increase of the tender sum submitted. At times, the tenderer accepts the error and would not change the tender price, even though, it should have increased. But some ITT says if the error, when corrected, would decrease the tender sum, then, it would be done as such.

Hope this is clear?

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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