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if contract is re measurable for quantities and an item is not included in BOQ and the Contract says any missing item that contractor didn't highlight at tendering time shall not be paid. Shall we pa

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Noman Khurshid Abbasi Deputy Resident Engineer| F&M Middle East Engineering Consultancy LLC Muscat, Oman
if contract is re measurable for quantities and an item is not included in BOQ and the Contract says any missing item that contractor didn't highlight at tendering time shall not be paid. Shall we pay as re measurable or not to pay as per clause i mentioned earlier.
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Kiron Bondale Retired | Mentor| Retired Welland, Ontario, Canada
Follow the contract unless for some reason the item itself is open to interpretation in which case a discussion between the customer and contractor should happen on whether the item is truly "missing" or is it covered in principle by some other item. Both parties should involve the procurement staff who had helped to prepare and negotiate the contract.

Kiron
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1 reply by Andrew Soswa
Apr 01, 2020 10:52 AM
Andrew Soswa
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Re measurable clause is there to gather all costs after the project is done and pay for all work.
It appears that you submitted a fixed bid but re measurable clause allows the procuring party to scope creep you without payment.
My recommendation is to go to a your lawyer to untwist it.
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Andrew Soswa Technology leader| Leading global financial institution Elk Grove Village, Il, United States
Apr 01, 2020 8:06 AM
Replying to Kiron Bondale
...
Follow the contract unless for some reason the item itself is open to interpretation in which case a discussion between the customer and contractor should happen on whether the item is truly "missing" or is it covered in principle by some other item. Both parties should involve the procurement staff who had helped to prepare and negotiate the contract.

Kiron
Re measurable clause is there to gather all costs after the project is done and pay for all work.
It appears that you submitted a fixed bid but re measurable clause allows the procuring party to scope creep you without payment.
My recommendation is to go to a your lawyer to untwist it.

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