Jun 10 Q&A-1

See my comments in red below:----- Original Message ----From: Laeeq Hassan
To: "Sam Dr." <sam99@eim.ae>

Date: Sun, 13 Jun 2010 04:14:51 +0000
Subject: Urgent Reply Plz.
Dr. Sam
after a long time, just few quick questions and i do hope you'll reply me early.
I have one confusion regarding measurement of prime and tack coats for road layers,
though the very matter seems pretty much easy.
My questions are as given hereunder:
1. As you know, the road layers have some side slopes (angle of repose) after
placement and rolling, being dependent on material type. My question is that should
the prime and tack coats be paid for the full width of road including the side
triangular areas or without these side triangular areas? Width of each course is
measured at the top surface of that course (Rule M1) and therefore the triangular portions
are excluded for the measurement of that course.
(For road width 9.3 m (2 shoulder + 2 lanes= 2x1m + 2x3.65=9.3m) at top, which
road width should be taken for prime and tack coats? Tack Coat is applied at the top
of the Base Course and therefore its width should be measured same as the width of Base
Course. Prime coat is applied at the top of the Aggregate Road Base (if there is no wetmix) and its width should be measured as the same width as Road Base. Wearing course
is 50mm thick, bituminous base course is 80mm and Aggregate road base is 150mm
thick being placed over subgrade? Is there any reference for inclusion/exclusion of the
end triangular areas as to substantiate it? Rule M1 is specifically for this purpose.
Note: It may be noted that I have already browsed through the CESMM3 therefor,
wherefrom I found measurement rule M1 given in CESMM3 (Class R; pp 75) but it is
basically pertinent to road layers without a mention of Tack or Prime Coats. No. It does
not refer to road layers. It refers to "Courses" and the Tack Coat and Prime Coat are
Courses and should be measured under classification / code number R350. Is there any
reference which explicitly states the inclusion of the said coats in the unit rate of road
layers? . They should be measured separately and cannot be expected to be included in
the rates of the other courses unless specifically stipulated in the Preamble to the BOQ.
2. Unlike CESMM3, our project BoQ contains separate items for both of these coats
(MC-70 and SS-1h). Is this common? In CESMM3 also there are separate items for
these courses (Coats/Sprays/Applied surface finishes) as commented above. If yes, then
where is CESMM3 followed if not in a place like U.A.E? CESMM3 is followed in
many parts of the world.
We covered this topic in detail during SCA Session 8 and also did a worked example.
Please see the handouts.
Anyone who wishes to refresh on Session 8 can attend August/September 2010 Class at
50% Discount. Time table is attached.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Arbitrator / Mediator - London Court of International Arbitration

Arbitrator / Expert - Dubai International Arbitration Centre, UAE
Middle East Representative - Australian Inst. of Qty. Surveyors
PO Box 23461, Dubai, UAE. T +971 50 4588949 F +971 4 3378668
I would be really grateful for your kind response.

Laeeq Hassan
Abu Dhabi
----- Original Message ----From: seyed anvear

To: "Prof. Sam" <sam99@eim.ae>
Date: Tue, 08 Jun 2010 23:21:17 -0700 (PDT)
Subject: QUESTION REGARDING UNBALANCED
BID
Dear Sir ,
Question regarding a quantity estimating error and unbalanced bidding. The contractor in
question had been quite certain a quantity estimate in a bid schedule was greatly
understated. The contractor assigned an inflated unit price to this item, while bidding
other items basically at cost. The contractor was awarded the contract, only to have the
project owner delete the item with the understated quantity. IS it permissible? Or not .
also , in lump sum contract or re-measurable contract?
Any contractor assumes a grave risk in pricing in an imbalanced manner. If he loads the
money from other items to a particular item and if the work related to that particular item
is deleted from the scope of work, then the contractor loses.
An Employer can omit any part of the scope of work provided that:-
he or any other contractor would not be carrying out such deleted scope.
such deletion is necessary or appropriate as we discussed during Session 1
Variations.
If the Employer or any other contractor carries out such omitted work, then the Employer
would be in breach of contract and the Contractor can claim damages which would also
include the losses he made due to imbalanced pricing. (Those who wish to refresh on
Session 1 can attend it at 50% discount at the next class Friday Afternoons August 20th,
27th and Sept 3rd, 2010)
If the Omission is neither appropriate nor necessary, then it would

amount to de-scoping which would give a right to the Contractor to
claim his losses. (This is a very detailed subject and cannot be dealt with
in a short answer. Contractors entitlements in respect of De-Scoping,
Suspension & Termination are discussed over an 8 hour period during
CA-AC. Next CA-AC Class is on 2 Friday Afternoons September 17th &
24th 2010)
Regards,
Prof. Sam.

God Bless you

Regards and have a wonderful day
ANVEAR S.M.
----- Original Message ----From: "Ramachandran K. Pisharath"

To: sam99@eim.ae
Date: Tue, 29 Jun 2010 16:01:26 +0400
Subject: RE: More Q&A
Dear Prof. Sam,
This is to acknowledge receipt of both Q&A and tanks for the same. I have already read them.
I had a wonderful experience during the classes. I have been exposed to Contractor's claims and
Variations from past 5 to 6 years but was always confused about contractor's entitlement and our
recommendations. But after attending your classes I have much more clarity and I am fully
satisfied with the classes.
Also your passion and energy in teaching is simply adorable. I am very much influenced and
prompted to learn more. Looking forward to enrol into the advance course.
Thank you for your kind words. You are now enrolled for the Advanced Class.
Regards,
Prof. Sam.

Regards,
Ramachandran K.P.
Project Manager (construction)
Archgroup Consultants.
----- Original Message ----From: samagata chakravorty
To: sam99@eim.ae
Date: Mon, 21 Jun 2010 03:27:39 -0700 (PDT)
Subject: Sub-clause 53.1
Dear Prof Sam,

Please provide your valuable comments on the below,
In a bespoke Contract based on FIDIC 1987, sub-clause 53.1 is modified as following,
"Notwithstanding any other provision of the Contract, if the Contractor intends to claim
any additional payment pursuant to any Clause in these Conditions or otherwise he
shall give notice of his intention to the Employer Representative, with a copy to the
Employer, within X days after the event giving rise to the claim has first arisen. If the
Contractor fails to give notice of a claim within such period of X days, the Contractor
shall not be entitled to additional payment and the Employer shall be discharged from all
liability in connection with the claim."
Is the above clause applicable to variations as well and do the Contractor has to notify the
Employer under this clause his intention to claim additional payment in the required
timeframe even for variations instructed in writing. If yes, can the Employer on the
grounds that they did not notify the Employer of their intent to seek additional payment
within the time frame (X days), reject a variation even though the variation was required
(i.e. no way the Employer could had retracted his instruction) and teh Employer got
benefited from it.
Since the contract requires variations to be valued and paid (Clause 52 etc), whether or
not the Contractor complies with Sub-Clause 53.1, variations have to be valued and paid
for. However, if the Contractor requires an additional payment by way of varying an
existing rate/price in valuing such variation and/or in respect of any prolongation costs
due to a delay caused by such variation, then the Contractor would lose his right to claim
such additional payment if he does not comply with Sub-Clause 53.1, as discussed during
SCA Session 4.
Regards,
Prof. Sam.

Regards
S. Chakravorty
From: vinod ev [mailto:vinoderaliyoor@hotmail.com]

Sent: Friday, June 11, 2010 11:04 AM
To: Dr. Sam
Subject: MSc Classes
Dear Dr. Sam,
Could you please tell me which University has agreed to enrol for the MSc(QS) and
where is it located. Because I am staying in Sharjah and now my job is transfered to
Abu Dhabi. Therefore I need to shift my location either to Abu Dhabi or to Jebel Ali
(Gardens area) based on the University location.
I am dealing with several universities at present. Nothing is finalized yet. It would either be at
Knowledge Village or Academic City in Dubai. I will keep you informed.
Regards,
Prof. Sam.


Thank you,
Vinod
----- Original Message ----From: Muralidaran
Date: Wed, 09 Jun 2010 10:04:52 +0400
Subject: Re: Q&A
Dear Mr. Sam,
I want to get clarification regarding preliminaries. I always include
only main contractor's preliminaries in the General Requirement and add
sub contractor preliminaries if their unit rates. Is it the right practice? This is done often and quite acceptable
in the industry.
When the work gets terminated due to fault of client, consultant is not
allowing claim for sub contractor's preliminary works and insisting that
it is supposed to be included in main contractor's preliminary. Subcontractor should submit his claim to the
Contractor, and the Contractor should append it to his claim whilst submitting to Client. How to claim and
what to claim following a termination is a very detailed subject and cannot be dealt in a short reply. We deal
with it in detail during the Advanced Course. Time table for the next Advanced Course in September 2010 is
attached.
How to establish sub contractor prelim is not included in main
contractor prelim. Demonstrate with tender build-up details that the Prelims include only Main Contractors
Site Overhead costs. For example, produce the site staff histograms together with the Organogram and
price it to show that the amount allowed in the Prelims for supervision is exactly that and therefore the
Subcontractors site staff costs are not included in it.
Regards,
Prof. Sam.

What is the right procedure. Please advise.

Thanks & regards
R.Muralidaran
From: Prasanka Liyanage [mailto:Prasanka.Liyanage@nakheel.com]

Sent: Monday, June 07, 2010 4:16 PM
To: Prof. Sam
Subject: [!! SPAM] Query -01
Dear prof.Sam,
Thank you for the continued Q&A. I have queries based on FIDIC 1987.
When the contract terminates under Clause 70.1 Termination for
Convenience (Trust this has been added after deleting the typical FIDIC 70.1
Sub-Clause through Part II Conditions of Particular Application) & the Final
Account determined under Sub-Clause 65.8 Payment if Contract terminated,
please advice the followings; When a termination for convenience clause is
added to the typical clauses in FIDIC 1987, all the answers to the following
too should have been added. Otherwise there would be contention. The
answers are given assuming that the termination for convenience clause is
comprehensively drafted
1. How to deal with release of retention, fully or part based on which

Contract Clause/s? Release retention in full
2. Is it required to issue TOC for the work done? No

3. Is their any DLC or DLP applicable? No
4. Time for payment, when to be paid final account under which Clause?
Immediate
We deal with Termination for Convenience and valuations following termination in detail
during the Advanced Course. Time table is attached.
Regards,
Prof. Sam.

Appreciate your valuable comments as always.

Thanks and Regards,
Prasanka Liyanage B.Sc (Hons)QS ,AAIQS,MAACEI
-----Original Message----From: Vamsi Chand Gollapinni [mailto:V.Chand@RMJM.COM]

Sent: Saturday, June 26, 2010 9:07 AM
To: sam99@eim.ae
Subject: RE: Come on time tomorrow and bring a camera

Dear Dr.Sam
I have attended Sound Contract Administration - Class of June 2010. I must
agree that it has definitely been one of the best decisions i took in a long
time. I found your classes to be highly informative and practical, ready
made for immediate use in this region. I am happy to tell you that the
knowledge i gained from your class helped me to resolve some key disputes
ongoing in the projects i am a part of. Your energy and enthusiasm and the
knowledge combined with wisdom is an inspiration to me. I am sending this
email to thank you for your efforts and for the value addition your class
has done to my career.
I will attend your Advanced class also, which i believe you are planning to
conduct after Ramadan.
Thank you for the kind words. You are now enrolled for the Advanced Course. Time table
is attached.
Regards,
Prof. Sam.

Thanks & Regards

Vamsi Chand Gollapinni
From: Yvette [mailto:yvette@omnix-group.com]
Sent: Thursday, June 24, 2010 4:18 PM
To: sam99@eim.ae
Subject: Question- Notice and Claims
Hi Prof Sam,
I am one of your student in this Month class for Be a Sound Contract Admin in 10
Sessions
I have a question regarding Notice and Claim, and I would appreciate very much if your
could give some enlightenment regarding this issue.
As 53.1 within 28 days Contractor has to give to the Engineer of his intension of Claim
and as per 53.2.. without necessarily admitting Employers Liability, the Engineer shall,
on receipt of the notice under Sub Clause 53.1, inspect such contemporary record and
may instruct the Contractor to keep any further contemporary records as are reasonable
and may be material.
Question:
What if the Engineer as per 53.2 did not instruct anything nor inspect the record of the
Contractor nor give determination on the submitted notice and claim to the Contractor for
more than 1 month, which caused delay to proceed with the variation work.
The question is somewhat confusing. The contemporary records should be maintained
whilst the Contractor is proceeding with the work (which has already been instructed as a
variation) and therefore, the non-inspection by the Engineer of such records, or further
contemporary records not being instructed, or claim not being determined cannot cause a
delay to proceed with the varied work ! If the Contractor did not commence the varied
work (or did not complete it) until his claim is determined then the Contractor is at fault.
Is there any clause in the FIDIC or in any applicable law that in such duration the
Engineer did not provide its confirmation whether the claim for a Variation is acceptable
or not, the notice of Variation is deemed accepted. There is no notice required to value a
variation as we discussed during SCA Session 1 Variations. Notice is required only to
claim varied rates/prices or to claim prolongation costs if the variation caused a delay.
Regards,
Prof. Sam.

Thanks in advance.
Regards,
Yvette T. Vivar
Contract Administrator
----- Original Message ----From: jasim mohamed

Date: Tue, 13 Jul 2010 02:10:33 -0700 (PDT)
Subject: Re: Q&A + Message
Dear Dr. Sam

Please it will be very appreciated if you answer my below question;
Lump sum Contract with fixed price, there are two deferent items indicated in the B.O.Q with only rate
without amount /provision , these two items are shown/specified on the Contract drawings as part of
Contractors scope of works . one of these items was executed and the other is not (deleted by Client).
How we pay the Contractor? Out of the 2 work activities shown in the drawings, if one is omitted through a
variation instruction, then the value of the omission should be calculated by multiplying the quantity of the
omitted item measured from the drawing and multiplied by the rate for that item in the BOQ, and that value
should be deducted from the Lump Sum Contract Price and the balance should be paid to the Contractor.
For the other work activity/BOQ item, which is not omitted, no valuation is required to be carried out as its
value is already included within the Lump Sum Contract price (whether or not there is an amount for it in the
BOQ). For interim payment purposes a reasonable sum can be paid, but for the final payment, no remeasurement would be done, in respect of the item not omitted.
Regards,
Prof. Sam.

best regard
From: Kalupahanage, Ruchira [mailto:Ruchira.Kalupahanage@Fgould.com]

Sent: Saturday, July 17, 2010 11:32 AM
To: sam99@eim.ae
Subject: [!! SPAM] General Items
Dear Sir,
How are you sir? Trust you are doing well. I am working here in Oman with some disputes.
Therefore I have decided to clarify from you sir. Those clarifications are as follows;
1. Contract Type is Re measure. The Contractor executed the job. Then 6 month after the
execution of the project the contractors some staff gone for a vacation without replacement. Can
we hold money from P&G due to this reason? NO If yes, please let me know under which
contract clauses we can hold the money?
2. Contract type is Lump Sum. Contract period is 3 month. Contractor received the LOI. In this
contract the Main contractor doing only contract management. But he has price some values in
his P&G. Then contractor execute the work mobilising their Sub contractor at site. Mean time the
main contractor submitted his interim payment application no :02 only claiming P&G. So the Cost
Consultant at site refuses to pay that without contractor attendance which is approved by the
Engineers. My clarification is do they need to provide that request to Cost Consultant. (The
supervision cost is time related) The BOQ preambles should have clearly stated how the
Preliminaries are to be paid in the interim. If it is not stated, but the Supervision item in the
Prelims is priced on a time related basis, then it should be paid on a time related basis
irrespective of the value of subcontract work carried out or the number of supervision staff
present, if there were no complains of poor supervision. Under which clause it allow us to hold the
contractors money specially P&G?
3. Contract Type is Re Measure. In this contract the cost consultant forget to make BOQ item for
internal water proofing (Such as Bath room, balcony except roof) But clearly stated in
Specification given scope of water proofing. In the tender stage the contractors clarify the same
and they got reply from the Engineers saying that the BOQ is remeasurable and missing items
will be variations. And Appendix to Form Tender & Conditions of Contract say any item not
quantified but mentioned in the drawings/Specification shall be treated as a variation to the
contract and paid accordingly.
Now contractor execute the Job. And the Contractor is arguing to claim water proofing as a
variation to their scope of work. Can we pay this to contractor? Yes.
Regards,
Prof. Sam.

I am waiting for your kind comments.

Thanks/Regards
K.C.Ruchira MAPQSE SL, AIQS(Affil.)

From: sanjeewalm [mailto:sanjeewalm@gmail.com]
Sent: Thursday, July 15, 2010 6:32 PM
To: Prof. Sam
Subject: The Bridging Course
Dear Professor,
How are you getting on. Hope you are well.
I would like to know when are you planning to hold the Bridging Course. If I can be
aware about the dates in advance It is helpful for me to make
the ( Visa ) organise. Unlikely to be this year. I am facing a difficulty. I was pushing for
exemptions from 3 Modules, but the University is insisting on 2. That too, one is an
existing Module Procurement and Contracts, and the other has to be newly introduced
before giving exemption for it. This is going to be a long process as manuals have to be
prepared, authority approvals to be processed and staff to be trained on teaching that

Module. I will keep you informed about progress.
Now I am working in Oman. This is an oil tanking project and very first of mine. It will
be helpful for me If you can give me your valuable advises/Hints. Study all the contract
documents and prepare a list of all the obligations of the parties and ensure those are
discharged in a timely and proper manner. Study the Method of Measurement well. If
there is no Method of Measurement, then study the Preamble in the BOQ and the manner
in which the BOQ has been prepared in order to draft the probable method used so that
you can adopt it in the post contract stage to value the work. Familiarize yourself on the
engineering aspects of Oil & Gas Industry and study all the Method Statements produced
by the Contractor for execution of the Works so that you are aware of the sequence and
stages of activities which would be essential in valuing variations.
Regards,
Prof. Sam.

I must thank you for preparing me for the recent competency. Noble Triple Gem bless
you and family.
Yours Faithfully,

Jun 10 Q&amp;A-1

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See my comments in red below:----- Original Message ----From: Laeeq Hassan

To: "Sam Dr." <sam99@eim.ae>

Arbitrator / Mediator - London Court of International Arbitration

I would be really grateful for your kind response.

----- Original Message ----From: seyed anvear

If the Omission is neither appropriate nor necessary, then it would

Arbitrator / Mediator - London Court of International Arbitration

God Bless you

----- Original Message ----From: "Ramachandran K. Pisharath"

Arbitrator / Mediator - London Court of International Arbitration

Dear Prof Sam,

Arbitrator / Mediator - London Court of International Arbitration

From: vinod ev [mailto:vinoderaliyoor@hotmail.com]

Prof. Indrawansa Samaratunga PhD, DSc

Arbitrator / Mediator - London Court of International Arbitration

Arbitrator / Mediator - London Court of International Arbitration

What is the right procedure. Please advise.

From: Prasanka Liyanage [mailto:Prasanka.Liyanage@nakheel.com]

1. How to deal with release of retention, fully or part based on which

2. Is it required to issue TOC for the work done? No

Arbitrator / Mediator - London Court of International Arbitration

Appreciate your valuable comments as always.

-----Original Message----From: Vamsi Chand Gollapinni [mailto:V.Chand@RMJM.COM]

Subject: RE: Come on time tomorrow and bring a camera

Arbitrator / Mediator - London Court of International Arbitration

Thanks & Regards

Arbitrator / Mediator - London Court of International Arbitration

----- Original Message ----From: jasim mohamed

Dear Dr. Sam

Arbitrator / Mediator - London Court of International Arbitration

From: Kalupahanage, Ruchira [mailto:Ruchira.Kalupahanage@Fgould.com]

Arbitrator / Mediator - London Court of International Arbitration

I am waiting for your kind comments.

K.C.Ruchira MAPQSE SL, AIQS(Affil.)

prepared, authority approvals to be processed and staff to be trained on teaching that

Arbitrator / Mediator - London Court of International Arbitration

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