With You There Are Only 4 in The List So Far and Let Us Hope The List Will Grow Soon
With You There Are Only 4 in The List So Far and Let Us Hope The List Will Grow Soon
With You There Are Only 4 in The List So Far and Let Us Hope The List Will Grow Soon
there are only 4 in the list so far and let us hope the list will grow soon.
I refer to your recommendation for adjustments of prelims during extended
contract duration for items that are not proportional to items/quantities. I
note that you recommend increasing the denominator to the anticipated total
duration while claiming for the month by increasing the numerator by 1 for
cumulative payments. Basing on your example at the end of the period we
would have recovered the full amount of supervision as per the contract.
However, we would not be able to recover additional costs incurred due to
extended time. If the Contractor is responsible for the delay, then he is not
entitled to additional costs. If the Employer is responsible for the delay, then
any additional costs (to the extent that the Contractor can prove) should be
claimed separately as a prolongation cost claim and not as monthly
payments of the Preliminaries (extended or otherwise). For example in your
example at the end of the project, in 13 months, we would have recovered
Dhs 1,000,000 towards supervision. But in actual fact we would have incurred
an expense of 1,083,333.33 due to the extended month of supervision. (a)
Wouldnt it therefore be logical to claim per month cost in such cases, and (b)
We similarly price cost of portacabins provided on site on the basis of
depreciation over time and therefore would like to be compensated for any
extra duration of deployment. Prolongation costs are not claimed based on
the Preliminaries in the BOQ but on the actual costs incurred on site and as a
separate claim. The only items that we consider fixed costs are foundations
for offices, cranes etc. Even costs of bonds and insurances are linked to
durations and will vary with extended time. The amount for bonds in the
Preliminaries derived for a month could be much higher (or lower) than the
actual cost of renewing them for a month. That is why only the actual
additional amount paid by the Contractor, if any, can be claimed. Please
advise how would these be treated? Would my above explanation of
depreciation be accepted? No, unless the 2 parties agree to it.
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,
Gopal K Parmeswar
Senior Vice President
Sobha Contracting LLC
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Dear Sir,
I am a student of your SCA programme, I am regularly receiving your Q&A mails, and saving them
in my desk top. I hope that nothing is missed till now, becoz my email address is still the same as
when I was ur student. Alumni can ensure that the Q&A do not go to their spam / junk
folders
are compiling) should not be used for any business / commercial purpose. Sharing is OK
only among the Alumni. Also please ensure that any project names or identity of
stakeholders are not apparent.
Sir one trouble I want to give at this time, I never asked u any Question before, but when I was
going through the Q&A I found some questions are sent without answering, I have attached the
same Questions sheet, if u can answer those, I will b thankful. Cannot open the attachment.
re-send, and I will answer them and circulate among the Alumni.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Sorry, I have written a long story, I know u r very busy in making our future. But I wanted to
express my feelings.
Thanks a lot.
Kind Regards,
Rauf Modak
Senior Quantity Surveyor
Atkins Middle East
Faithful & Gould
WS Atkins & Partners Overseas, Doha, Qatar
----- Original Message ----From: Ranjith Arachchige
To: [email protected]
Date: Thu, 27 May 2010 11:25:06 +0300
Subject: Claim in loss and profit
Dear sir,
Please
I have confused regarding the, can contractor claim Loss and profit as per FIDIC ?, I
knew the clause 52.3 for changes 15% of contract sum the rate can be changed [due to
markup change] , however is it Client liable to the Contractor anticipate profit ?,
As per my knowledge in Law, Loss of profit cannot be compensate, because of the loss of
profit fail in the remoteness test in delict and tort and cannot be reasonable foreseen.
But in some contractors still claim Loss of profit, can you please clarify
Under 52.3, only the under-recovery of overheads can be claimed. However loss of profit can be claimed as
damages for breach of contract, if the reduction in the Effective Contract Price is the result of any Omissions
instructed by the Engineer which are neither necessary nor appropriate. We deal with this topic in detail
during the CA-AC, and also look at how the local courts deal with it.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Ranjith Priyanga
Quantity Surveyor,
Education City Project, Doha, Qatar.
KEO International Consultants