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Dear Sirs,
This is my first request for your thoughts on below matter:
Our Contract is based on 4th edition of FIDIC 1987 as further amended in 1992. Broad changes made by way of Conditions of Particular Applications. It’s a re-measurement contract.
We have a priced BOQ item (say item A) but without quantity. We requested the Engineer for an instruction if he wanted this work done. The Engineer confirmed that work is required but contended that cost of this item is included in the testing item (separate priced BOQ item, say item B). We disagreed as the Preamble has separate scope, methods of measurement and payment for these BOQ items.
The Engineer requested break-down of priced BOQ item for testing (item B). We informed the Engineer that priced BOQ items are not subject to further review and requested the Engineer to provide reference from CoC for such requirement.
The Engineer refers to Clause 13.1 and uses “The Contractor shall comply with and adhere strictly to the Engineer's instructions on any matter, whether mentioned in the Contract or not, touching or concerning the Works”. The Engineer further states that due to our non-obedience the Engineer determines that cost of BOQ Item A is included in the priced BOQ Item B.
I request your thoughts on this issue and guidance for our next possible response please."
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