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Item missing In B.O.Q In Remeasured Contract

15 replies [Last post]
Wed, 2005-09-14 06:26
Razi Khan
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Hi,

Following are the points:

1.Remeasured Contract.
2.10 Nos of specific windows clearly shown in the design drawings.
3. No corresponding item for the specific windows in B.O.Q. although items for different windows exists.
4. Not included in Tender’s Adjustment schedule by Contractor.
5. No related querry was answered during Tender Stage.

Question : Is the execution of 10 Nos of windows falls under Variation ?

If no then how the contractor would get paid for the work ?


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Replies

Sat, 2005-09-17 09:28
#1
Shahzad Munawar
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Hi Raja

Shortly I will forward you.
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Sat, 2005-09-17 08:02
#2
Stuart Ness
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Raja,

You can find out all about FIDIC at www.fidic.org

Cheers,

Stuart

www.rosmartin.com
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Sat, 2005-09-17 05:34
#3
Raja Izat Raja Ib...
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Hi Stuart,
Thanks for your advance explanation, This is really somthing i should dig, as for me, i always refer my contract when its really needed to protect/control my planning part, but if there is advantage why not, nothing to loose.
i have to refer FIDIC from Shahzad, Another Thing what related/use FIDIC and CONTRACT. Is it like Goverment Law and Contract.

Hi Shahzad,
If u wont mind could u sent me a copy FIDIC for my reference. miharbiz@yahoo.com

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Sat, 2005-09-17 03:58
#4
Stuart Ness
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Raja,

I am pleased to see that things are a bit clearer for you now!! ;-)

However, I think that it should be pointed out that a Variation to the Works ( for example as in accordance with Clause 51 of FIDIC) or a Change to the Works, relates only to the physical work itself, and not to a change in the Contract documentation.

A Variation Order or a Change Order, therefore, should only be used where there is a variation or change to the quantity, quality or sequence or timing of the execution of the Works, but where there is to be an alteration to the Contract, this is frequently (if not usually!) done by means of a Contract Amendment.

Cheers,

Stuart

www.rosmartin.com
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Sat, 2005-09-17 01:23
#5
Razi Khan
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Hi,

Thanks Bill, Raja, Charleston, Stuart, Shazad and Andrew.

Razi
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Fri, 2005-09-16 11:36
#6
Raja Izat Raja Ib...
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Well guys,
thank you for the correction and good explanation, much clearer to me now.
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Fri, 2005-09-16 11:05
#7
Andrew Flowerdew
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Raja,

Although Stuart is correct in that CO’s abd VO’s are normally one and the same thing in your case it would appear that:

CO is something that is covered within the contract scope of work but may be varied due to a design change, under/over measurement of a bill item or similar.

VO is something that as the name suggets, varies the contract, ie sometging that is beyond the scope of a CO.

This may seem a bit odd but there is a limit on what can be done under a CO (or equivalent)- normally they should just be used for relatively minor changes to the works or contract.

If a change is such that the scope of works is more than incidental to the original contract works it can’t be ordered as a CO and if it’s very different then it can’t be ordered by a VO either - a new contract for that works may be required.

eg If someone was building a house for me and I decided I wanted a swimming pool, then as the type or scope of work is not that of the original contract, I could not order it as a variation but would need a new contract.

Similarly if someone was building me 500 houses and I wanted 5 more, then that is a small change that could be covered by a variation.

If someone was building me 5 houses and I wanted 5 more then the change in quantity of work is too great and a new contract would be required.

Hope you get the drift.

As for the windows, under a remeasurable contract it would normally be possible to introduce a new item along the lines already mentioned in other posts.
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Fri, 2005-09-16 11:00
#8
Stuart Ness
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Hi Shahzad,

If an item is not included in a BoQ, it should be added when the remeasurement is carried out, and – as I stated before – the cost thereof should either be based on existing BoQ Rates or on a new rate built up from first principles.

On the basis that a Contract which includes for a BoQ is based on British-English, (since a BoQ is a British concept), I think that generally the term ‘Variation Order’ is more likely to be used, though – as Raja has correctly pointed out – individual differences may well exist.

Cheers,

Stuart

www.rosmartin.com
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Wed, 2005-09-14 11:54
#9
Raja Izat Raja Ib...
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Hi
I dont think u can claim on your window, Unless the design change from rev 0(no windows or 2windows) to rev 1 (10nos windows) u can claim under change order not VO.
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Wed, 2005-09-14 07:42
#10
Bill Guthrie
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Please review your contract.

There should be comparative levels,

General Conditions
Special Conditions
Engineering Design
Support documents

What does the contract convey as intent. That is the key you must find.
Does the conditions of the contract call for all provided according to the design, ETC. ?????

This must be resolved prior to thinking of variations. What does the contract say about omissions, etc. ????
cheers Bill
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Fri, 2005-09-16 09:35
#11
Shahzad Munawar
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Hi Stuart

You clearly mentiond that VO and Change Order are same thing but the Contract stipulates which term being used. That’s right but you did not emphasize on missing item in BOQ in remeasured Contract.

Anyhow, the missing items may Claim under VO or change order in remeasured Contracts as your case



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Fri, 2005-09-16 07:58
#12
Stuart Ness
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Raja,

You have just exemplified the mistake of making generalities!! ;-)

GENERALLY, a Change Order and Variation Order are the same thing, the term “Change Order” being used in Contracts with an American-English background, and a “Variation Order” being where the Contract has its roots in British-English.! Generally, these terms refer to additional work which causes a variation or change (either positive or negative) to the Contractor’s workscope, and for which there is to be an adjustment to his contract price and schedule as a result of such variation or change.

HOWEVER, if your Contract clearly defines both these terms specifically (as yours appears to do), then in your case they are different matters.

It appears to me that in your Contract the provision of ‘Change Order’ is related to some form of engineering verification process that the Contractor must undertake, after which any such work is deemed to be part of his workscope. Is this so?

Cheers,

Stuart

www.rosmartin.com
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Fri, 2005-09-16 07:46
#13
Raja Izat Raja Ib...
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Mr Stuart,
Are U very sure on change order and Variation Order is the same thing in your contract?...
Because in my contract,
Change order - means have to do additional work which is in the scope but being lefted behind or mistake of design which not included in. Then the work have to be done in the perior project time frame.
Variation Order -means have to do additionl work which is out of scope, can be done in time frame of project or after handover project.
i’m not very knowledgable about this... but curious.
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Fri, 2005-09-16 07:25
#14
Stuart Ness
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Razi,

If your Contract Works are fully remeasurable, then yes, you are probably entitled to a variation in regard to the additional works executed.

To do this in the remeasurement of your BoQ, you need to add the Bill Item for the 10 additional windows, and if possible, price these at a rate analogous to the rates used for other windows. If this is not possible, you need to build up a rate for the new windows from first principles. This arrangement should be provided for by your Contract Conditions and Method of Measurement.

If the 10 additional windows are in lieu of other windows contained in the Contractor’s workscope, then the other windows should be deducted from the overall remeasurement.
If the 10 windows are truly additional, then no further deduction is required.

Incidentally, a Change Order and a Variation Order are the same thing!!

Hope this helps.

Cheers,

Stuart

www.rosmartin.com
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Thu, 2005-09-15 13:30
#15
Charleston-Joseph...
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Hello Razi,

1.) Check if the 10 windows have similarities with other types of windows, maybe minor differences,
2.) Evaluate the unit cost if almost the same with unit cost for existing windows in the BOQ
3.) negotiate with the engineer to include the same windows to the windows with the almost the same unit cost.

In 1.) if the differences are big, then, come back to PP.

Cheers,

Charlie
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