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Construction Contract-scope Of Work

Defamation Law Discussion Forum

Construction Contract-scope Of Work

Postby Mohammed » Mon Nov 28, 2016 10:53 am

Dear Sir,

We recently signed into an electrical contract on a Southern California project. Unfortunately, the owner did not pay full attention to the Scope of Work document, before initialing the

bottom of each page.

There are a significant amount of additional work items, which are

not reflected on the subcontractor's Proposal, nor have they been incorporated in the project plans.

Q: Is there anything we can do to recuperate these many thousands

of dollars worth of additional work?
Mohammed
 
Posts: 45
Joined: Sat Mar 15, 2014 7:36 pm

Construction Contract-scope Of Work

Postby Uptun » Tue Nov 29, 2016 3:39 am

Dear Sir,

We recently signed into an electrical contract on a Southern California project. Unfortunately, the owner did not pay full attention to the Scope of Work document, before initialing the

bottom of each page.

There are a significant amount of additional work items, which are

not reflected on the subcontractor's Proposal, nor have they been incorporated in the project plans.

Q: Is there anything we can do to recuperate these many thousands

of dollars worth of additional work?
Uptun
 
Posts: 49
Joined: Fri Jan 03, 2014 2:59 pm

Construction Contract-scope Of Work

Postby Simson » Wed Nov 30, 2016 10:28 pm

Dear Mike,

Thanks for your question. I do not know if you are a Main / General Contractor or you are the subcontractor. I do not also know from your question if the subcontractor status is Nominated or domestic. Notwithstanding, I can confidently tell you that, your recourse for compensation for any additional works would depend upon the terms of the contract and the scope as defined  or construed while entering or initialing the contract / subcontract. If the scope is not part of the scope defined in the signed contract or subcontract, then it becomes compensable additional cost resulting from additional works. Do not forget also, that, for additional works to be valid under a contract or subcontract, it has to have been instructed vide a documentation that could evidence the additional scope.

Having said the above, should the contract / subcontract is a lump sum agreed price with quantities and scope based upon drawings and specifications, then, for you to be entitled to any additional cost for additional works, it must be contractually proved and demonstrated that such works(described as additional works for which you seek additional costs for) should not have been included or shown anywhere in the drawings and specification for the original contract / subcontract. If they are shown therein, i am afraid, you may not be able to be paid as it would be deemed to have been included and priced within the lump sum agreed. This is from Contractual perspective.

Further, if this later above is the case and it seems you may not be able to recover the money(as discussed above), then, depending on the laws governing commercial transactions within your environment, if the worth of the "so called additional costs" is substantial, you may be able to recover part or be compensated for the cost as i should most laws do not support "unfair and unjust enrichment or dealings" in contract, particularly, if you can demonstrate that, you have been misled into signing the contract and you suspect "misrepresentation". Though, this may somehow be complex to prove but if handled well according to the law of the land, you may seek for an order to negotiate a settlement for the claim on a non-contractual or "ex-gratia" basis.

I hope i sounded clear enough? else, you further let me know.

Regards.

'Femi
Simson
 
Posts: 37
Joined: Fri Apr 11, 2014 3:34 am


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