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Construction Law/LUMPSUM CONTRACT - VARIATION FOR BOQ LESS QUANTITY

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Question
Dear Jonathan,

Here is a tough situation for me from contractor claim on variation ..
This is a Lumpsum Contract RED BOOK 1987 version .

We had Plastering Quantity 900 Sqm in BOQ. But as per contract drawings is 1650 Sqm.

But now there is a slight change in design and the actual site quantity is coming to 1425 Sqm as per the revised IFC drawings.

So my question is do the contractor eligible for = 1425 Sqm - 900 Sqm = 525 Sqm ( Positive Variation)

or

Contractor eligible for = 1425Sqm - 1650Sqm = -125 Sqm ( Negative Variation)

Please advice.

Thanks & Regards,
Sasi

Answer
Dear Sasi,

You get paid only for works done which follows the requirements as set forth in the contract documents.
BOQ usually does not form part of contract and quantities are considered estimated quantities only (pleas see SC55.1).
Thus in you case you are entitled to get paid for 1425sqm of plastering works as soon you completed the works and include it in your monthly claim.

Regards,

Jon

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to claims, Extension of Time, Variations, Interim Payment and delays utilizing FIDIC Form of Contracts.

Experience

Extensive experience gained from international contractors in Vietnam, Myanmar and the Philippines in various sectors including: infrastructures, marine works, civil and buildings.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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