Delay Due to increased volume of excavation.

Hi Pranab,

I assume your contract is FIDIC 99 1st ed. You should look at Clause 12.3 (a) for a new rate if the circumstances fulfill those conditions. If it was the subject of a variation - new levels size, etc it will get valued under sub-clause (b) of 12.3

This concept of variation on a Lump Sum contract is very dependent on the wording of the Contract, you may even have no claim for the extra cost unless some details of the data you tendered on was wrong.

The time, however, is not so easy. As long as you had given notice that the work was so much greater than the tendered quantity that it would extend the Time for Completion under Clause 8.4 (a) and then processed it through Clause 20.1, you probably have lost your rights to the time. Again this depends on the wording of the Lump Sum enquiry data.

Best of luck

Dear Bryan ,
Thanks for ur input, ya the contract is Fidic 99 1 st edition , Clause 12 has been deleted completely by a modified conditions of particular application.
Thats what i am thinkign bryan i believe we dont have a case here as the contract has been modified in such a manner that the contractor is always out there in the cold. Notice about the substantial increaase in the volume of excavation was given once , and was also noted in a Minutes of site meeting but the time impact was never mentioned only cost impact was advised which the client engineer had rejected outright.
regards
deb

deb,
IMO if the increment is 285% then you have to review the tender drawings in order to know if u have rights anything against the employer to be able to proceed accordingly to the DAB or even arbitration.

Good Luck.

Dear karim ,
we dont have a DAB , the contract says all disputes will be referred to the International Chamber of commerce ONCE THE BUILDING HAS BEEN TAKEN OVER BY THE CLIENT
regards
deb

Therefore u need to formulate a claim in order to discuss this dispute later (but as mentioned in the beginning u need to support your position by reviewing the tender drawings vs. the current situation).

If as per Contract Agreement, your disputes are to be referred to ICC therefore in such case you should prepare and submit your claim very carefully keeping in view the relevant contract clause, proper justification alongwith fully substantiation documents. Incomplete claims never be entertained in ICC.

Thanks shahzad and karim for your helpful inputs.
i am checking all the contract documents to see our case here.
regards
deb

Hi pranab
I agree with Brayn.
You have to identify the "change" of quantity arised from,
As your contract is Lump Sum.
then,we can discuss further.

Cheers