Party A requires the installation of water quality testing equipment in accordance with the requirements of "Article 3, Paragraph 2-(13)" of the contract, and the documents mentioned in this item require the installation of water quality testing equipment. The contract is a lump sum contract, but there is no water quality testing equipment in the list item in the annex to the contract
Keywords: missing items in the list
When encountering the four words of the lump sum contract, the first thing to consider is the formation process of the lump sum contract, which directly affects the scope of the total price in the lump sum contract. First, if the project is a project that has been tendered by the bill of quantities, Party A will translate the existing drawings into a list and then send the list to each bidder, requiring the bidder to carry out the project characteristics described in the bidding bill of quantities, and the contractor also needs to prepare the construction organization design and carry out the construction in accordance with the Shi group, the total price formed at this time is the total price of the list, obviously the scope of the total price is the list, and the work content that is not included in the list is of course not within the scope of the total price. For the total price of this bill of quantities bidding, when there is a missing item in the list, the price should be adjusted. Second, if the employer directly gives the drawings to the contractor and requires the contractor to compile the list by itself, the scope corresponding to the total price is the drawing, in fact, there is no so-called missing item in the total price of the construction drawing, and the responsibility for the defects in the list prepared by the contractor should be borne by the undertaker.
What is special about this case is that not only the requirements for the installation of water quality testing equipment are directly stipulated in the contract, rather than the list. As a bidder, when bidding, you must not only group the price according to the list, but also look at the contract. Once there is an agreement in the contract on the installation of water quality testing equipment, even if it is not in the list, the installation of water quality testing equipment is within the scope of the total price, and the contractor should consider it in the list of quantities that has been priced. Therefore, the final conclusion is that it is difficult to assert the installation of water quality testing equipment at the time of settlement.