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Can a contractor claim for cost regarding missing scope of works in BOQs?

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Question added by Imran Ahmed , Manager-Planning & Delay Analyst , Nesma United Industries (NUI) Saudi Arabia
Date Posted: 2016/08/17
Mahmoud Ali Zakaria
by Mahmoud Ali Zakaria , Site Deputy Manager , EHAF Consulting Engineers

Hello,

first of all, the contract between the contractor and the client will answer that question.

means, in all cases, if that item is just an accessory or a requirement to make you system workable, mostly you will fail to get your claim approved. such as a bracket for installing camera.

if your contract is a lumpsum contract, means the client paid you to get the site as per drawings. the claim you can get is only for additional different scope such as generator (was not in your scope completely). if it is completely in your scope as per contract with its cable. for example you can't get increament in lenght due to more disctance as per site condition.

if your contract is a remeasurement, you have more flexibility to get your claims. such as the increament in cable lenght to generator in above case.

in all cases, well done study during tender stage, comparing the drawings with BOQ, match it to specs and listing for missed items found in drawing but not priced in BOQ will avoid much troubles like that at site. 

Hope my answer was benificial to you.

Ahmed  Shaher Tounsy
by Ahmed Shaher Tounsy , Senior Civil Technical Office Engineer , Rowad Modern Engineering

If the contract type is lump sum, the BOQ is only for reference & the priority is for the tender & construction drawings, so if the items done is included in the drawings it will be on the contractor cost & responsibility if not you can add it in your claim. Another way to add this for the claim if the work done on site is according to a site instruction submitted for the consultant or Owner.

Basim Natour
by Basim Natour , General Manager , sulaiman alrajhi construction company

It depends up on the type of contract signed between both the parties,and wether the claimed item is available in the design drawings or the specification which is part of the contract.

There are planty of details involved to decide wether the contractor can claim payment or not

Mohammed Noser
by Mohammed Noser , Civil Engineer , aalbwardi.com

IT DEPENDS ON THE TYPE OF CONTRACT (LUMP SUM OR COST PLUS ) AND  IF IT IS MISSING IN BOQ AND MENTIONED IN OTHER CONTRACT DOCUMENTS (SPECS-GENERAL CONDITION..etc) so it has no rights to claim otherwise he can claim 

Krishna   KHASANIS  PMP
by Krishna KHASANIS PMP , Project Manager-Electrical , Larsen & Toubro Ltd, P T & D (International)

It depends on the type of contract in place.

In case of " Cost Reimbursable " type of contract, a contractor can claim the cost for missing scope.

Muhammad Qasim
by Muhammad Qasim , Senior Electrical Engineer , Energy Associates (SMC Ptv.) Ltd.

It totally depends upon the contract documents including BOAs, Specifications, Drawings and Contract agreement signd by the parties. He may or maynot demand additional additional price for missing items. Usually in remeasureable contracts, contractor do have right to demand cost variations.

osama allam
by osama allam , Finance Manager , ELTorath for tourism Development Co. S.A.E

Upon your contract but often not available claim cause owner have aright to deduct scope of work at any time before starting for any reason

sadia masood
by sadia masood , Principal , Bahria Foundation

I am not a civil engineer. My answer is based on my experience in project management.

As a Project Manager, one needs to see many things especially the contract signed and then sub-contracts signed with different parties. If the planning is done comprehensively and minutely there would be no need to claim as there would be no reason for it. 

Lump sum contracts with Bills of Quantities are priced on the basis of the drawings and specification, reduced by means of a standard method of measurement to a list of items which describe and measure the work included on the drawings and in the specification. Any item or section of work which cannot be accurately measured is covered by a provisional quantity or sum and measured as executed on completion of the item or section of work i.e. the value of the provisional items or sections of work in the Bills is deducted from the Contract Sum and

the value of the work executed is added.

 

Taha Mustahsan
by Taha Mustahsan , Project Engineer (Distribution) , Sui Northern Gas Pipelines Ltd

as far as my experience is concerned, in a remeasureable job you can claim the cost of the job missing in the BOQ but present in the drawing. but if the job is neither in drawings nor boq then VO is raised..if the project is lump sump than we should study all the tendering documents before making any offer because LS cover all the things. any thing not present in the tendering or new task, a VO is issued.

 

 i am working on an IKEA project and the civil contractors are asked to do some work not in the BOQ but present in the drawings, their VO is rejected as their job is totally lumpsum.

MANISH C VIJAYAN
by MANISH C VIJAYAN , SITE ENGINEER , HAWAR ENGINEERING

It depends up on the type of contract signed between both the parties,and whether the claimed item is available in the design drawings or specification which is part of the contract.

A A
by A A , Procurement & Contracts Manager , AL FARA'A ARABİA CONTRACTİNG CO.

That is true for some types of contracts, but not lump sum.

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