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Old 23-06-2015, 12:45 PM
steveaki steveaki is offline
Perfect Master
Join Date: Dec 2011
Posts: 108
Angry Opinions on an earthworks contractual dispute


Just after some opinions on the following contractual dispute:-

We have just recently completed a 400k soil stabilisation/cut fill project for a client, the scope of work was to strip the site of top soil circa 20k m3 and bund for reuse then move an existing stock pile of poor quality previously excavated clay 55km3 and lime stabilise in 300mm layers to a CBR of 5% to form the pad for the building. The job was finished 2 weeks early with no major issues and all CBRs were met and most exceeded.
When I priced the works I was looking for all available opportunity to extract some cash from the job and saw on the drawings that there were 2 large landscape areas to form with us material. So prior to us submitting our price I took a 20 tonner and dug some trial holes including going down 7 meters under the landscape areas. Test results showed the material was meeting the spec of 5% naturally hence no lime was needed.I submitted my price as per the scope (as if to lime the poor material) and won it. So obviously we started work in earnest and we dug out a huge clay borrow pit and filled back up with the stockpile of poor material, the job was done and every one should have been happy. However when it came time to cough up for the job the client decided I was going to make to much money out of them and held back 35k. The job was let to us on an NEC option B contract and rates were all agreed in said contract and both parties signed as so.
What should I do? I think what I did was fair enough that's how we make our profits.
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