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ITEMS REMOVED FROM BOQ

6 replies [Last post]
Tue, 2006-12-19 00:11
Francis Moyalan, ...
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HI ALL,

IN MY PROJECT, THE CLIENT HAS REMOVED CERTAIN ITEMS FROM THE INITIAL CONTRACT AFTER SIGNING THE LETTER OF ACCEPTANCE AND CONTRACT WAS SIGNED LATER WITH AN AMMENDMENT.....

IN THIS CASE,IS THE CONTRACTOR ELLIGIBLE FOR SUING THE CLIENT FOR TRIMMING THE INITIAL PACKAGE----IN OUR CASE WE ALREADY MOBILISED AND COMMENCED THE WORK ON SITE , AFTER GETTING MOB ADVANCE AND SIGNING LOA......

INITIAL CONTRACT VAUE WAS ’X’ AND NOW IT HAS BEEN REUCED TO ’X/5’...

ALL PPer’s LEGAL VIEW ON THE ABOVE TOPIC WILL BE HIGHLY APPRECIATED..

CHEERS

FRANCIS V
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Replies

Sat, 2007-01-06 07:57
#1
Andrew Flowerdew
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Francis,

Depends on what was in the ammendment to the signed contract. If the ammendment reflected the change in the scope of works then the ammendment may constitute an agreed variation to the original contract made at the time of the letter of acceptance. In this case you may be able to recover something.

OR

The signed contract and ammendment are a completely new contract replacing the original contract. In this case you are unlikely to recover anything.


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Thu, 2006-12-28 06:34
#2
Weni Samson
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Hi Mr. Karim. Thanks for reply but where to include then the following:

1. LOA
2. LOI
3. BOQ
4. Drawings
5. Specs
6. Addendum
7. Soil Investigation Report

Thanks again.
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Thu, 2006-12-28 03:21
#3
Karim Mounir
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a)Contract Agreement:
The signed contract between the employer & the contractor (includes the general & particular conditions and also any annexed memoranda).

b)Particular Conditions:
The particular clauses which is written especially for the contract.

c)General Conditions:
The general clauses according to the FIDIC.

d)Employer’s Requirements:
Means the document entitled employer’s requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.
Can be in the form of letters, material or drawing submittal , etc..

e)Tender and any other documents forming part of the Contract:
means the Contractor’s signed offer for the Works and all other documents which the Contractor submitted therewith.

Regards.
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Tue, 2006-12-26 05:17
#4
Weni Samson
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Can someone tell me the particular document/s covered or included in each item below?
a) the Contract Agreement,
(b) the Particular Conditions,
(c) these General Conditions,
(d) the Employer’s Requirements,
(e) the Tender and any other documents forming part of the Contract.
Thanks a lot.
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Thu, 2006-12-21 02:05
#5
Karim Mounir
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According to the conditions of Fidic for EPC / Turnkey projects the 1st edition in 1999:
The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in
accordance with the following sequence:
(a) the Contract Agreement,
(b) the Particular Conditions,
(c) these General Conditions,
(d) the Employer’s Requirements,
(e) the Tender and any other documents forming part of the Contract.
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Wed, 2006-12-20 08:15
#6
Dayanidhi Dhandapany
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should your contract follows FIDIC - Conditions of Contract for Works of Civil Engineering Construction, Fourth Edition 1987 Reprinted 1992 with further amendments, you can look for a clause 52.3 Variations Exeeding 15 percent(also check for the conditions of particular application for any changes in the 15%, sometimes they mention 25%). If it is the case you can claim but as you have mentioned some items already been removed from the original scope before signing the agreement. LOA is different story. You are being aware of the changes at the thime of signing the contract, in that case you could have raised this issue. after signing the contract there is no point of talking, only to concentrate on work.

you can look for any clauses available in your contract to account for the above mentioned situation, if it is not mentioned, then no use, only we have to work and finish the project on time.
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