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Variation Order

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Bensiger Wilson
User offline. Last seen 6 years 43 weeks ago. Offline
Joined: 9 Aug 2007
Posts: 3
Hi all

1.BOQ is missing items but shown on Contract drawings. In this situation a variation order is required or not?
2.Contract drawings missings for certain works to be done but covered in BOQ. In this situation a variation order is required or not?

Conditions of Contract - FIDIC 4
Method of measurement - CESMM3

Thanks

Replies

ashraf alawady
User offline. Last seen 1 year 43 weeks ago. Offline
Joined: 27 Aug 2006
Posts: 318
You have to take into your consederation that the contract documents are complementary and if any requirements mentioned in any part (BOQ, Drawings,Specification,tender clarification,conditon of contract,letter of acceptance.........etc ),it shoud be consedared as part of the original scope of work and not a variation.
Nicolas Igersheim
User offline. Last seen 12 weeks 6 days ago. Offline
Joined: 25 Jun 2007
Posts: 60
hi all

IMHO

Indeed first issue is type of contract:

A)If lump sum:
that sum is supposed to cover all items and/or works shown on contract drawings:
1) an item/work shown requires no extra order
2) an item/work missing does

B)If remeasurable:
the BOQ is supposed to add up all items and/or works shown on as-built drawings,
1) if not: -> remeasure,
2) if drawings are missing, they should be established and measured or at least estimated

in B case, an ambiguity may arise since you use once the word item
and then the word works.
A steel structure BOQ will measure steel frame weights for instance:
one could thus argue the "item" bolts is missing, but it is usually
paid for by the $ rate per ton of steel => no extra order.


Hope I kept it simple and short enough

Regards
Charleston-Joseph...
User offline. Last seen 2 years 40 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1348
Hi Bensiger,

First what type of contract: Remeasureable or fixed lump sum?

In general

Item 1. First you have to qualify with Client if such missing items will be constructed.

If client confirm yes, then, it is a variation.

Item 2. Also qualify with client the drawings. Checked if the BOQ covers the magnitude of works. write to client your position or idea

In general, the above are variation: could be positive variation or negative variation. The rule of thumb is to clear with client.

Cheers

Joseph