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Deletion of Provisional Sum ITem and giving it to another contractor

3 replies [Last post]
Mon, 2011-04-04 13:30
Umer Mehmood
User offline. Last seen 2 years 51 weeks ago. Offline
Joined: 19 Jun 2008
Posts: 26
Groups: Civil Engineering

Dear Friends

i am working in UAE on a construction project , our contract is lump sump project . There are some items in the BOQ under the heading of provisional sum , there are simple concrete jobs whose rate can be taken from main BOQ , however the client is not agreeing on these rates and delete this item( building) from provisional sum and given to some other contractor 

Please can some one advice as per UAE Law they have the right for this

your advice will be very helpful to me

 

Thanks

Best Regards

Umer Mehmood

Planning Manager

050-3115397

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Replies

Sat, 2011-04-30 12:27
#1
Mike Testro
User offline. Last seen 24 weeks 9 hours ago. Offline
Joined: 14 Dec 2005
Posts: 4420
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors

Hi Umer

Good luck and don't get bullied.

Best regards

Mike Testro

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Sat, 2011-04-30 10:36
#2
Umer Mehmood
User offline. Last seen 2 years 51 weeks ago. Offline
Joined: 19 Jun 2008
Posts: 26
Groups: Civil Engineering

thanks Mike 

we now have a small dispute , on paper engineer is not accepting the decision he is favouring the contractor , while on the other hand he is helping the other contractor 

But at the end as you said we have to make claim for time and loss of profit and fight for our right

 

Thankyou

 

Umer Mehmood

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Tue, 2011-04-05 06:48
#3
Mike Testro
User offline. Last seen 24 weeks 9 hours ago. Offline
Joined: 14 Dec 2005
Posts: 4420
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors

Hi Umer

As always it depends on what it says in your contract.

I am not an expert in UEA law but the general priciples regaring Provisional Sums are that the Employer can omit the work if he does not want it done.

He cannot take it away from you and give it to another contractor because you have the right to construct all the work in your contract - unless you have expressly agreed to it.

I would suggest that you protest about the ommission and if the employer inssts then make a claim for the loss of profit that you would have earned.

Also check your contract but the employer cannot reduce your work programme because of this ommission.

If you had this provisional work in your programme then change its status to "Employers Contrctors Work" and give it a bright colour.

Then monitor progress very closely and claim IMMEDIATELY there is any delay in the work interface.

Best regards

Mike T.

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