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Omission of Items in the Bill of Quantities not shown on Drawings...

I recently received a request for advice from one of our course attendees. I have been asked for advice about this topic on several occasions so I thought it worthy of a blog. The situation and query was as follows:

The Contract is a lump sum and not subject to re-measurement. The Bill of Quantities (BoQ) was prepared by the Contractor at tender stage.

During the project closure, some items listed in the BoQ were not provided since these items were not included on the tender drawings, shop drawing or final as-built drawings.

The Client deducted these items as an omission at final account stage as the Contractor did not complete any of these billed works. The Contractor disagrees with this and asserts that he took the risk on the lump sum contract and the BoQ was merely for guidance and valuation only.

So…

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Inadequately Expressed Claims

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Evaluation of Variations on Lump Sum Contracts

I recently presented a 2-day intensive training course. One delegate raised a question about lump-sum contracts and items included in the bills of quantities, but not shown on the drawings. The question was, ‘if something is included in the bill of quantities but not required, can the Engineer omit the price included in the bill of quantities for this item?’Read more