Dear Friend,
I am operating in India Leading a Planning Team in Contractor's side for a High rise Residential Project.
The contract is in Item Rate Basis. Presently we are at verge of Completion @ 94% with respect to overall Project Scope.Presently we are submitting all our pending tenable claims to Client. Now client has issued a letter stating the intention of recovery a huge amount saying that Internal Plaster 15mm has been done in 12mm at actual. But the same has been instructed through Good For Construction Copy from Client mentioning 12mm. Plaster at Internal side and 20mm. Plaster at External side.
Afterwards Same has been confirmed by Cleint vide Mehtod statement approval that 12mm. intenal and 20mm. External Plaster as per GFC drawing.
Moreover out of 7 Nos. 50 storied Towers we have completed and handed over four Towers and other Towers also 85% of Plaster scope is completed. In the Tender time also we have submitted our overall rate only not the item wise rate analysis. But presently Cleient derived a rate from their own for materials price recovery for the variance thickness.
Is it could be done in Item Rate contract?
Is it could be done @ 94% project completion stage?
Is the Client Claim is tenable?
How it could be objected?
Is there any Supporting documents as per indian or Internaltion Contract Law?
Please advise
Regards
Somenath