Professional Documents
Culture Documents
carrying out the work based on invoices plus the contractors mark-up (where carried out by
nominated Subcontractors)
General Items
Proportionately, but ensuring that any under-recoveries are compensated.
We deal with these topics in detail (valuations following termination of contracts) under
FIDIC 1987 and FIDIC 1999 during the Advanced class. Your only opportunity to
attend the advanced class in 2011 could be in May. Timetable is attached.
Also please provide definition for Lump sum contract, where it is applicable and how to
prepare the valuation of the Lump sum contract. Lump Sum contracts are contracts where the
quantities are at Contractors risk and where the Contractor is paid the Full Lump Sum
Contract Price, on completion of the Works (without any deductions or without any remeasurements) subject only to instructed variations, adjustment of Provisional Sums, and any
claims.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Best regards,
Surabi.K.P.
Quantity surveyor,
Dr. Sam
Hope you are well and Good
I attended the class at 2008 August batch and I am getting benefits through out my life career
as of now. Recently we have completed one small fit outs job. It was 3.3 million prices
submitted to client and finally agreed 2.9 million as a lump sum contract with 1987 fidic
short form contract. In 2.9 million, million as a provisional sum which we havent done the
work at site physically.
My Question is, We can eligible to claim 2.9 million as per agreed lump sum figure or we
should give a cost saving million for provisional sum.
I do not have the short form you are referring to. If it is similar to FIDIC 1999 Short Form,
then it is silent about Provisional Sums. Short Forms are not supposed to be used in contracts
having Provisional Sums. FIDIC 4th 1987 or FIDIC 1999 red books should have been used,
or additional provisions should have been written on how to deal with them. Since your
contract is silent about Provisional Sums, and since there are unlikely to be any provisions in
the law (in this part of the world) dealing with Provisional Sums, the existing practices
(Custom and Usage) would come into play. Since it is customary to deduct the Provisional
Sum where work is not instructed under it, that is how it is likely to be dealt with in an
Arbitration or litigation.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Hi Prof Sam,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
yvette
From: Ranjana Kamalsiri [mailto:ranjanama@gmail.com]
Sent: Tuesday, April 19, 2011 12:40 PM
To: Prof. Sam
Subject: Difficulty to solve below mention contractual matters
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Best Regards
Ranjana
From: Samiullah khan [mailto:achalgarh@yahoo.com]
Sent: Monday, April 04, 2011 2:22 PM
To: Dr.s Sam
Subject: Q&A
Dear Sir,
Our contract is re-measured and some item mention in Specification but same
thing is not included in BOQ like-Supply and lay/fix XLPE/SWA /PVC Cu cable
including all necessary, containment , terminations- cable trays, trunking or
conduits internally and in service trenches externally with PVC ducts at access
crossing (Builders work-excavation of trenches and associated earthworks by
Main contractor)
Cable tiles & warning tape are not mentioned which is shown in General
specification.
hence cable tiles & warning tapes we can consider as a variation.
Since the requirement of cable tiles and warning tapes are mentioned in the
Specification, in the first place, it is not a variation. It is original scope of work.
If it is not in the BOQ, then it could be claimed as a missing item (and therefore
to be measured and valued for payment), if:1. The Preamble or any item in the BOQ (or any other provision in the
Contract) does not state that its cost should be included in any other item
in the BOQ, or
2. The Method of Measurement used in the preparation of the BOQ:-
Does not state that its cost should be included in any other item, or
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Regards,
Samiullah Khan
Quantity Surveyor
From: Siju Alias [mailto:SAlias@emaar.ae]
Sent: Tuesday, April 19, 2011 6:05 PM
To: sam99@eim.ae
Subject: [!! SPAM] RE: Question
2.
Calculation is done by applying Bank interest rate on max retention money (10%
of contract sum) for the compensable delay period of 300days.
However as per the actual work progress, Value of work done on Contractual
completion date is only 50% of Contract sum and hence the retention amount
held by Client is also
Only half of the theoretical value.
My suggestion to the Engineer was to calculate the interest only on the actual
monies retained (as per eg shown below)but Engineer do not agree to this,
stating delay is from Client and Contractor not be penalized for that.
PLease put your Valuable comments on this Sounds reasonable, if the claim does
not carry a head of Claim for interest charges resulting from reduced revenue
as discussed during Session 4 of SCA.
Eg: Assume Contract sum as Aed 300M, Limit of retention as Aed 30M and
Contractual completion date as 31Dec 2008.
Engineers calculation shows Value as 6% interest on 30M for period of
300days.(Split as 15M from TOC date and balance 15M after DLP)
However work progress at 31Dec 2008 is only 150M and hence only 15M held by
Client. My recommendation was
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Kind regards,
Siju Alias
From: TAJUDEEN N [mailto:ntajudeen@asconuae.com]
Sent: Tuesday, April 19, 2011 4:34 PM
To: sam99@eim.ae
Subject: Re: Q&A + Important News about Job Market
i have a question like, " A well known Client issued vide Tender Addendums for
some of the items are excluded in the scope of contractor and when the job is
awarded during the agreement, their policy is amending all the addendums in
the contract and hence they siad the Tender Addendums are not part of the
contract. Contract agreement has signed but the Client not incorporated all the
addendums in the contract (almost 32 addendums) and contractor also
overlooked. Now the Client take advantage of this, asked the contractor to do
the works.
Please comment. It is too late now. Contractor is bound by the provisions in the
Contract Documents. Try to complete all work to the full satisfaction of the Client
and raise an ex-gratia claim for his sympathetic consideration by demonstrating
that you made a loss due to the oversight of including the Addenda in the
Contract.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Prof. Sam,
Good day!!!
I have a query regarding Sub Clause 13.2 Value Engineering. This is the situation the
Contractor has a Lump Sum Contract. The Client wanted to omit totally an item on the BOQ.
However the Contractor believes that this is a part of the Value Engineering wherein the
Contractor previously proposed to omit this item. Is it correct that the Contractor is entitled to
50% savings of the total contract value of the item regardless of the value for item (i) and
(ii)?
The Contractor is also required to demonstrate that there is no reduction in value to the
Employer of the varied works, under item (ii), in order to qualify for 50% saving. However,
please note that the change/reduction should not be by omitting a BOQ item. It should be by
changing/reducing part of the scope of work, which when valued result in the reduction.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Thanks,
Roselma
----- Original Message ----From: Bharathraj
To: sam99@eim.ae
Date: Wed, 20 Apr 2011 09:11:45 +0300
Subject: RE: Q&A
Dear Sir,
Its my pleasure to inform you that I have been offered to study MSc in
construction law & dispute resolution @ Kings college London. My classes will
start from Sept 2011.
I attended your classes in Abu Dhabi & Dubai and your classes are been a great
inspiration for me to apply for this course.
CONGRATULATIONS !
Thank you very much.
Best regards
Bharathraj Shivamurthy
Planning and Cost control
Please try to avoid FIDIC 1999 questions. When you join CA-AC Alumni you will
get an opportunity to study all the CA-AC Q&A mostly related to FIDIC 1999 and
other advanced matters.