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FIDIC RED BOOK - CONS Contract - CONTRACTOR DESIGN WORKS

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Are all Contractor Design Works deemed to be priced by the Contractor on a lump sum basis and not subject to remeasurement or does this depend on:

If this has been specified in the applicable bill
If the payment provisions have been amended to provide for the Lump Sums.

As a contractor we priced 2 items detailed within the BOQs on the basis that they would be subject to re measure and not as a lump sum item.  The Client is now stating these items are all risk lump sum items and that the BoQs in question are not prepared in accordance with any standard method of measurement.
asked Nov 5, 2018 in FIDIC Contracts by Joseph Keenan (270 points)  

1 Answer

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The general intent of the Red Book is that works are to be designed by the Employer (Yellow or possibly Silver being more applicable where there is contractor design). So that would be my starting assumption, ie if the contract/BoQ doesn't specify design is on the contractor then it will fall to the Employer.

That said, where design work has been included you would need to look at exactly how this was included in the contract overall and then how it was said to be priced. If you had, for example, a BoQ item "Design for Ground Floor Slab" without more I would expect that to be a lump sum price.  However, location and general industry practice will also play a role here.

I am afraid there is no simple answer as the context will be very important.
answered Jan 8 by Rob Horne (19,370 points)