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Variation in Re-measurable contract

Kannan CPMember for 18 years 4 months
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Hi All,

Please see the below scenarion;

In a re-measurable Contract, as per the scope document(signed by contractor) pump installation to be done, but it is missing in the BOQ. The Contractor didn;t include this item in the programme.

Later, during the Construction stage the Client raised this point and the Contractor requested for extension of time to install the pump, as it is not mentioned in the BOQ.

My stand on this is-    as it was mentioned in the scope document, it is the Contractor's responsibility to include this in the programme of works within the Contractual completion date. The Contractor is not entitled for any extension of time. As the rate is missing in the BOQ, the contractor can propose it and discuss/finalize with Client before installation.

All expert's point of view are welcome.

Best Regards

Kannan

3 replies

Oldest first
  1. 0
    Mike Testro ·

    Hi KannanYou are correct -

    Hi Kannan

    You are correct - the BoQ does not define the scope of works.

    The Contractor must contruct and programme for the scope of works set down in the drawings and specification.

    Best regards

    Mike Testro

  2. 0
    Kannan CP ·

    Thanks Mike...

    Thanks Mike...

  3. 0
    Mike Testro ·

    Hi KannanI need to correct my

    Hi Kannan

    I need to correct my previous answer.

    If the contract form is a JCT Private with Approximate Quantities : 1986 then in accordance with clause 13 it states "The quality and quantity of the works included in the Tender Price shall be deemed to be that which is set out in the Contract Bills".

    I have not researched later editions which may have changed.

    Best regards

    Mike Testro

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