This is a variation in a re-measured contract. FIDIC clause (8.4.a) Allows for Extension of Time for Completion due to a Variation.
This is a variation because the Employer do not know about it, does not have a design for it, and the quantity of work is not determined at the Tender stage.
The scope of work is what you have to deliver. Since this was not part of the BOQ (in any shape of form) then this is not part of the Contractual Deliverables.
You also have to read the Conditions of Contract very clearly to clarify if you have clauses pertaining to this issue.
With kind regards,
Samer
Member for
15 years 10 months
Member for15 years10 months
Submitted by ashraf mokhtar on Tue, 2009-12-29 14:16
yes all the milestone have standalone completion dates in the contract...
the stage we are talk about is injection of joints of tunnel which the employer do not know at the tender stage the injection is required or not so the employer instruct the contractor to investigate this problem and fix it if it is there and employer put milestone for that but also it is not included in the BOQ for some reason...
so the scope is clear but the amount of work is not...
Do any of the milestones have LADs attached and / or do they have standalone completion dates in the contract?
If it is not clear from the contract what scope of work drives the date of a milestone then the Contractor is correct not to include it in his programme - or if it is incuded then not to show any logic to other tasks.
If the employer now thinks it is important then he should issue an instruction defining the scope of work that leads to the milestone.
If this leads to an EoT then so be it.
It is just like undefined provisional sums that do not have to be included in the programme.
Member for
17 years 3 monthsRE: contractual milestone
Dear ashraf,
This is a variation in a re-measured contract. FIDIC clause (8.4.a) Allows for Extension of Time for Completion due to a Variation.
This is a variation because the Employer do not know about it, does not have a design for it, and the quantity of work is not determined at the Tender stage.
The scope of work is what you have to deliver. Since this was not part of the BOQ (in any shape of form) then this is not part of the Contractual Deliverables.
You also have to read the Conditions of Contract very clearly to clarify if you have clauses pertaining to this issue.
With kind regards,
Samer
Member for
15 years 10 monthsRE: contractual milestone
thanks Mike
yes all the milestone have standalone completion dates in the contract...
the stage we are talk about is injection of joints of tunnel which the employer do not know at the tender stage the injection is required or not so the employer instruct the contractor to investigate this problem and fix it if it is there and employer put milestone for that but also it is not included in the BOQ for some reason...
so the scope is clear but the amount of work is not...
Member for
19 years 10 monthsRE: contractual milestone
Hi Ashraf
Do any of the milestones have LADs attached and / or do they have standalone completion dates in the contract?
If it is not clear from the contract what scope of work drives the date of a milestone then the Contractor is correct not to include it in his programme - or if it is incuded then not to show any logic to other tasks.
If the employer now thinks it is important then he should issue an instruction defining the scope of work that leads to the milestone.
If this leads to an EoT then so be it.
It is just like undefined provisional sums that do not have to be included in the programme.
Best regards
Mike Testro.
It is a similar situation