Unfortunately we are the MEP contractor!!!!!! and do not understand that ..why we can not take the benifit of doubt/descrapency ?? or why damages can not be absorbed equally by the parties to sub contract.
Another case ...its a lumpsum contract.....whwer B.o.Q says"provision of as built drawings for the entire plumbing and mechanical system " and therfore we have allowed some nominal amount agaianst this item.
When we were asked to refer to the condition of contracts ..which says that all the as built drawings shall be prepared on CAD STANDARD..it is costing us a lot ....is there any escape route ??
This is a common problem in fixed price lump sum projects.
The contract usually has words such as "The Contractor is to complete the works in accordance with the drawings and specification including everything necessary for the proper operation of the plant - including everything that may be reasonably inferred therein."
So as a contractor experienced in this type of work you would know that a fish scale grating would be required - especialy as it is mentioned in the specification - and include it in your price.
You may have a case if the employer is requiring a silver plated fish scale grating when a stainless steel one will do the job.
Best regards
Mike Testro
Member for
19 years 9 months
Member for19 years9 months
Submitted by khawaja uddin on Mon, 2012-05-14 20:04
Its a lumpsum contract......the item I am talking about is...... .fish scale grating....and this item is neither shown in any drawing nor priced in B.o.Q.... but as its a part of specification..and as specification take precedence over other documents..therefore we are being instructed to provide this item at no extra cost....
hope you got more clear picture about the issue to give a better advice..
If it is a pure remeasurement contract then if an item is not in the BoQ then it is not in the contract price.
I had a case once when the rebar for a bridge was missing in the BoQ but it still had to be included in the contract programme because it was a specified part of the works.
Only the price was adjusted.
When it comes to preliminary items the usual practice is to list each contract clause and invite a price to be added for the obligations described.
So if there is no prelims itme for DLP then it could be argued that is not in the contract price and should be added.
It is more problematic if it is a fixed price lump sum - with or without a BoQ.
Member for
19 years 10 monthsHi Khawaja Sorry but that is
Hi Khawaja
Sorry but that is the nature of a binding contract - you have promised to prepare CAD as built drawings and priced the BoQ accordingly.
There is no way out.
Having paid for the experience you can at least learn from it.
Best regards
Mike Testro
Member for
19 years 9 monthsHi Thanks Mike
Hi
Thanks Mike .....
Unfortunately we are the MEP contractor!!!!!! and do not understand that ..why we can not take the benifit of doubt/descrapency ?? or why damages can not be absorbed equally by the parties to sub contract.
Rgds
Khawaja
Member for
19 years 10 monthsHi Khawaja This is the case
Hi Khawaja
This is the case where you have to read the whole of the contract documents before pricing anything.
Can you offload the problem onto your M&E sub-contractor?
Best regards
Mike Testro
Member for
19 years 9 monthsHi All, Another case ...its a
Hi All,
Another case ...its a lumpsum contract.....whwer B.o.Q says"provision of as built drawings for the entire plumbing and mechanical system " and therfore we have allowed some nominal amount agaianst this item.
When we were asked to refer to the condition of contracts ..which says that all the as built drawings shall be prepared on CAD STANDARD..it is costing us a lot ....is there any escape route ??
Rgds
Khawaja
Member for
19 years 10 monthsHi Khawaja This is a common
Hi Khawaja
This is a common problem in fixed price lump sum projects.
The contract usually has words such as "The Contractor is to complete the works in accordance with the drawings and specification including everything necessary for the proper operation of the plant - including everything that may be reasonably inferred therein."
So as a contractor experienced in this type of work you would know that a fish scale grating would be required - especialy as it is mentioned in the specification - and include it in your price.
You may have a case if the employer is requiring a silver plated fish scale grating when a stainless steel one will do the job.
Best regards
Mike Testro
Member for
19 years 9 monthsLet me try to be more
Let me try to be more specific .....
Its a lumpsum contract......the item I am talking about is...... .fish scale grating....and this item is neither shown in any drawing nor priced in B.o.Q.... but as its a part of specification..and as specification take precedence over other documents..therefore we are being instructed to provide this item at no extra cost....
hope you got more clear picture about the issue to give a better advice..
Rgds
Khawaja
Member for
19 years 10 monthsHi Khawaja It depends on who
Hi Khawaja
It depends on who owns the quantity risk.
If it is a pure remeasurement contract then if an item is not in the BoQ then it is not in the contract price.
I had a case once when the rebar for a bridge was missing in the BoQ but it still had to be included in the contract programme because it was a specified part of the works.
Only the price was adjusted.
When it comes to preliminary items the usual practice is to list each contract clause and invite a price to be added for the obligations described.
So if there is no prelims itme for DLP then it could be argued that is not in the contract price and should be added.
It is more problematic if it is a fixed price lump sum - with or without a BoQ.
Best regards
Mike Testro