Dear abdallah,

Your questions are very good and relevant. my response to your questions are as follows.

1. After issue of the final payment certificate any variation instruction will be according to new contract.......i.e rates are no more applicable as per BOQ.

2. As per FIDIC cl 11.1 - Inpection of site , wherein contractor has to satisfy himself regarding sub-surface conditions. As per your question u ecncounter a foundation u mean there is an exsisting structre around. So you should have taken care of all these in your investigations. I cannot agree this as an adverse physical condition unforseeable by an experienced contractor as per cl 12.2. You can raise a query to the engg regarding this but it is very unlikely to get a varation for this.

3. As per FIDIC cl 7.1 engineer can intruct you to do or provide you with supplementary drawings required for proper execution of the work and you are bound to do it. You cannot ask for a varation for proposals and prepration of shop drawings because he instructing you to prepare these for your proper execution of work.

4. As far as lumpsum contracts are considered any item shown on drawing but not measured in bq , still its your resposibility to complete the job as per drawing. As per FIDIC cl 12.1 the contractor should satisfy himself regarding the correctness and sufficiency of tender. So you are obliged to complete it without variation. Also according to cl 5.2 of FIDIC all docs forming part of contract are to be taken as mutually explanatory else in ambiguity engineer’s instructions, if nothing is mentioned in contract then even in the priority of the contract documents drawings comes above BOQ hence you are obliged to complete it if shown in drwg without a varaition.

5. change in methodolgy of the work may call for a variation.

I request you all to comment on the above.

Deepak.

Hi Abdallah

The following points, as always, depend on the form of contract.

1) In general, the issue of a completion certificate brings the construction phase of the contract to an end. The contractor is not obiged to carry out any additional work after that date.

If the contractor wishes to carry out the work, he should be aware that the site is no longer his and his insurance status will have changed.

Technically, any new work should be the subject of a new contract.

2) To what extent does the contract and specification allow for existing foundations? Generally, it will be considered a measureable variation item to remove existing foundations and normally covered by approximate quantities in the BQ. Certainly if the BQ is measured in accordance with SMM7 (or other equivalent) then the item can be measured as an extra cost item.

3) The production of working drawings for the reocation of services is part of the variation. There will be a cost for the drawings,as well as for the management and physical work. Have you received a variation instruction. If not, ask for one.

4) Generally, the contract sum is based on the drawings. However, the BQ, if measured in accordance with a Standard Method, should identify al of the work to be carried out. So it would normally be additional wrk for which you should receive a variation order, but it does depend on the contract, the scope of work, etc.

5) Again, it depends on the contract documents but generally, if the specification has been achieved, then thats it! What is the effect of your particular method of working - will it make a difference to the end product? Is the Engineer’s concern due to Health and Safety (in which case it would be not in accordance with the method statement, which the employer’s representative would have approved!)? If he does formally instruct that the method or sequence of work is to be changed, then that it a variation an should be valued. I’d need to know the specifics though.

Best Regards

Ken