Construction Law/Change of BOQ rates

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Question
Dear sir
My question is related to sub-clause 12.3 of
Fidic MDB Version 2010. Is there any provision
regarding change of rates of BOQ items when
quantities of BOQ items are changed through
a variation order/ instruction.
Please answer and oblige.

Answer
Dear Tahir,

Thank you for this question.

When the issue is change of quantities creating a need for a change in rates and prods, provisions of sub-clause 12.3 apply no matter what the cause of the change in quantities. The only exception to this would be if the contractor caused the need for the increased quantities.



I trust that this assists you.

Kind regards,
John Dowse

Construction Law

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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