A project on a Lump Sum basis. Please clarify if the client has the right to remove an item, which is in the drawing and not in the BOQ?

In FDIC, drawings prevail on BOQ.

but it is also the client right to add or omit items limited to20% of the original contract value. 

Hi ,

 

Client has the full right to remove a item/items from the LS contract, whether it is shown or not shown in the BOQ is not a case. BOQ is a tool for payment , setting up rates for variation ,etc. On such removal contractor has to make a breakdown for  such a item and that amount will be reduced from the contract sum through Variation Orders.

 

Hi, 

 

BOQ is just for the information and its contractor responsibility to verify BOQ items prior to sign the contract, Later if any item reflects in the Drawing or Specification, Contractor is obliged to execute and client is fully authorized under Condition of Contract to omit the add up to 20%.  Here if client is deleting the item from the drawing then it is favorable for you.  

In a lump sum contract BOQ must prevail, thus whatever written in the BOQ the contractor must identify all inclusions and equipment to be used to complete the project. Moreover In a lump sum contract both parties (client and contractor) are not allowed to remove or add any item that has financail impact to project. 

For your question: since the item is not included in the BOQ, it has no effect to the contract even if the cleint will remove it as long as it will alter the process of construction.

In Lump sum contracts the drawings prevails than BOQ . Hence, the client has rights to omit any such works .   

During bidding should clarify this conflict.however after signing the contract variation exceeds more than20% there will be cost impact.

I agree that in lump sum contract generally drawings prevails on BOQ and in most of the cases BOQ were considered as indicative only. However, in answer to your question, yes client can remove such item from drawings and there will be no cost impact on Contractor as removed item was not in the BOQ. 

 

Yes The client has the right to remove or add anything in a certain range as per contract or fedic (approximate +10% or -25%)

and then you should make a variation as the drawing is a part from the Contract and its priority is higher than the BOQ in this type of contracts

Hence as it is in the drawing tis mean you include it in your price.

Also the item rate it should be negotiable as it is not listed in the BOQ and if it is a new item you can accept to do or he can give to a third party

The client has the right to remove an item...Yes

The client has the right to remove an item, which is in the drawing and not in the BOQ... as mentioned before again Yes but as far as2nd part of the question, I would like to elaborate it as I understand it.

It is not necessary that item(s) showed on drawing need to be there in BOQ, that item may be included somewhere in BOQ or adjusted in rate itself. So only because item is not in BOQ doesn't means it is not part of contract. If it is shown on CONTRACT drawing and not SPECIFICALLY excluded from the contract scope of work, no need to remove it.