Clause 52.2 FIDIC 4th Edition
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Omer HassanMember for 18 years 3 months
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I have one very simple question that power of Engineer to Fix rate as per clause 52.2 of FIDIC is applicable on whole quantity or on only varied work?
Employer add following clause in CoC part-II clause 52.2 FIDIC 4th Edition
“Provided further that no change in the rate or price for any item contained in the Contract shall be considered unless such item accounts for an amount more than 2 percent of the Contract Price as stated in the Letter of Acceptance and the actual quantity of work executed under the item exceeds or falls short of the quantity set out in the Bill of Quantities by more than 25 percent.”
Now in this case if new rates are applied then does it applicable on whole quantity or on only varied quantity?
Please provide the answers with contractual reference
Regards,
Omer
Employer add following clause in CoC part-II clause 52.2 FIDIC 4th Edition
“Provided further that no change in the rate or price for any item contained in the Contract shall be considered unless such item accounts for an amount more than 2 percent of the Contract Price as stated in the Letter of Acceptance and the actual quantity of work executed under the item exceeds or falls short of the quantity set out in the Bill of Quantities by more than 25 percent.”
Now in this case if new rates are applied then does it applicable on whole quantity or on only varied quantity?
Please provide the answers with contractual reference
Regards,
Omer
1 reply
Oldest first- 0Andrew Flowerdew ·Omer,
Have fun reading:
http://www1.fidic.org/faq/searchfaq.asp?expand=yes&fldauto=145&inc=22%2E07%2E2008+00%3A57%3A37
The clause says the Engineer shall fix the rate or price for an item - strongly arguable that it applies to the whole quantity covered by that item.
But the reason for the rate to be inappropriate has to be because of the varied work.
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