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Clause 56 Actual & Correct Quantites

5 replies [Last post]
Tue, 2009-12-29 03:00
vijay durairaj
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Can you please explan me the influnce of omition on this type of contract.how can we do the valuation?
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Wed, 2009-12-30 13:47
#1
Samer Zawaydeh
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Dear Vijay,

If you describe the problem in more details you will get a better answer.

With kind regards,

Samer
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Wed, 2009-12-30 08:21
#2
Andrew Flowerdew
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Vijay,

As you refer to Cl56, I assume it’s a form of FIDIC contract.

One other important general consideration as to how omissions are dealt with is whether the contract is lump sum or remeasurable. i.e, which party took on the risk of the quantities?

Generally, the party who took the risk gets the benefit - or pays the price if things go the other way.
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Wed, 2009-12-30 04:30
#3
vijay durairaj
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hai Mike Testo /Samer
Thanks

Mr Mike
for the final account ,say for Eg ;as per as built some works are not executed by contractor due to drawing revisions .In this case what will happen to the original bill items which are not executed.

for the final account will they omit?

Please advise me
Regards
Vijay
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Wed, 2009-12-30 03:11
#4
Mike Testro
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Hi Vijay

Samer’s advice is sound - but there are other considerations.

The employer cannnot deduct work from your contract to give it to another contractor unless you agree terms in advance.

As well as cost considerations most contracts will not allow a reduction in time for ommission of work.

The only time such matters can be taken into consideration is if the contractor is claiming an EoT for other events.

Best regards

Mike Testro.
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Tue, 2009-12-29 17:15
#5
Samer Zawaydeh
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Dear Vijay,

It depends on the stage at which the omition notice was issued.

If the Engineer asked to omit a certain item at the beginning of the Contract, then the Contractor can ask for the amount of overhead and profit that was added to this cost of deliverable.

On the other hand, if the omition notice was issued at a later stage after the approval of the Material and Shop drawings, then the Contractor can ask for the cost of the material as well, withou the cost of installation or construction.

It depends on the item and the Conditions of Contract as well. If you give us more information, we can answer you in more details.

With kind regards,

Samer
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