Construction Law/Tender Evaluation


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?



Dear Sudantha,

The situation you describe is very strange, as you are mixing procurement and contract implementation issues.

Engineer has to deal with the latter and has nothing to do with the procurment.

Hence, if we discuss about procurement:

a) if the the Tenderer/ Bidder has submitted the tender before the Offers submission deadline and the error is discovered BEFORE that deadline too, according to the applicable procurement procedure/ law, he is allowed to submit a correction.

b) if the Offers submission deadline has passed, it is all with the Contracting Authority (Employer) to make the arrithmetical checks and correction, again, in line with applicable procurement procedure/ law.

Finally, if the error is not discovered until the Contract is signed, indeed, it is a matter of Contract implementation.

You mentioned BoQ, hence I assume you have re-measured quantities. The values will be calculated based on executed quantities and possibly, the error will remain undiscovered.

If it is discovered, there may be a problem, especially if ranking would have been changed, as obviously, the procurement procedure/ law has been violated.

And that remains to be resolved under that procurement procedure/ law.

I trust that answer your question, kindly please use this facility for real cases, where you really need help, rather than for hypothetical cases.

Construction Law

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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