TheTank
2017-06-09 09:11:47
- #1
Hello.
My construction contract was agreed upon based on the Construction Code. The amount x was fixed in the contract as a lump sum price, which is considered a fixed price.
Now I have the following clause in the contract: "The lump sum price further assumes that the framework conditions for structural engineering and civil engineering works included in the scope of services have been taken as a basis. Insofar as the actual scope of services for structurally necessary work and/or the quantity of excavation deviates from the scope in the scope of services, the contractor is entitled to reasonable additional remuneration from the client."
Now it is the case that more cubic meters of gravel were needed for the civil engineering than was estimated in the scope of services. I have now received an additional agreement that I am supposed to sign, in which the additional gravel will be charged to me.
Furthermore, a new calculation of the statics has shown, without changing the floor plan, that more steel supports than agreed are now necessary. I assume that I also have to pay for this due to this clause.
I have done some research and found out that in the case of a lump sum (fixed) price, the contractor has to bear the costs for additional effort, even if it deviates from the scope of services.
I would be grateful for your advice.
My construction contract was agreed upon based on the Construction Code. The amount x was fixed in the contract as a lump sum price, which is considered a fixed price.
Now I have the following clause in the contract: "The lump sum price further assumes that the framework conditions for structural engineering and civil engineering works included in the scope of services have been taken as a basis. Insofar as the actual scope of services for structurally necessary work and/or the quantity of excavation deviates from the scope in the scope of services, the contractor is entitled to reasonable additional remuneration from the client."
Now it is the case that more cubic meters of gravel were needed for the civil engineering than was estimated in the scope of services. I have now received an additional agreement that I am supposed to sign, in which the additional gravel will be charged to me.
Furthermore, a new calculation of the statics has shown, without changing the floor plan, that more steel supports than agreed are now necessary. I assume that I also have to pay for this due to this clause.
I have done some research and found out that in the case of a lump sum (fixed) price, the contractor has to bear the costs for additional effort, even if it deviates from the scope of services.
I would be grateful for your advice.