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Scope of Work Disputes

What if the drawings and BOQ contradict each other?

The contract's "Priority of Documents" clause determines which prevails. Typically, specifications or drawings supersede the Bill of Quantities, but this depends on specific contract terms.

Who pays for unforeseen ground conditions?

If the conditions were unforeseeable by an experienced contractor, the client usually bears the risk and cost. If they were evident from the site data provided, the contractor pays.

Can the client demand extra work for free?

No. Any work outside the original Scope of Work is a variation and must be paid for, unless it is remediation of the contractor's own defective work.

What is a "Form 2" in Georgia?

It is a standard document used in Georgian construction to certify the volume and value of work performed for payment purposes. Signing it implies acceptance of the scope performed.

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Scope of Work Disputes: Defining Construction Obligations Accurately

One of the most common and complex categories of construction disputes relates to defining the "Scope of Work" (SOW). This is a fundamental part of a construction contract that details what needs to be done, what materials should be used, and what the final result should be. A Scope of Work dispute arises when the client and the contractor have different interpretations of what was included in the original agreement. Often, the client believes certain works are within the contract, while the contractor argues they are additional works requiring separate payment.

Vague technical assignments, incomplete drawings, and verbal agreements are the main reasons causing misunderstandings and financial conflicts. Such disputes can paralyze the construction process, lead to deadline violations, and significant budget overruns. In Georgia, where there is a construction boom, such problems are a daily reality. Legal.ge offers access to experienced construction lawyers who will help you with the legal analysis of contract terms, determining the actual scope of work, and protecting your financial interests.

What Does Scope of Work Disputes Service Cover?

Specialists on Legal.ge offer comprehensive services covering all aspects of the dispute:

  • Contract Documentation Audit: Detailed comparative analysis of the contract, technical specifications, bill of quantities (BOQ), and drawings to identify discrepancies.
  • Performance Assessment: Determining what work was actually performed and how it aligns with contractual obligations.
  • Identifying "Implied" Works: Disputes over whether the contractor was obligated to perform works not explicitly listed in the estimate but essential for project completion (implied scope).
  • Technical Expertise: Engaging engineering and construction experts to determine the volume and value of work performed.
  • Negotiation and Mediation: Resolving the conflict out of court to prevent halting the construction process.
  • Litigation and Arbitration: Defending interests if parties cannot agree on the scope and value of the work.

Common Scenarios and Real-World Examples

Scope of work disputes manifest in various forms:

  • Vague Specifications: The contract says "paint walls" but doesn't specify the paint type or number of coats. The contractor uses cheap paint and one coat; the client demands premium quality. This leads to a dispute over scope and price.
  • Unforeseen Works: Rock is found during excavation, which wasn't in the geological report. The contractor demands extra money; the client argues this risk belongs to the contractor.
  • Turnkey Contracts: The client assumes a fixed price covers everything, including landscaping, while the contractor says landscaping wasn't in the budget.
  • Discrepancy Between Drawings and BOQ: The drawing shows 10 doors, the BOQ lists 8. The contractor demands payment for the additional 2 doors.

Georgian Legal Framework

Resolving scope of work disputes is based on the Civil Code of Georgia norms regarding works contracts (Articles 629-656).

According to the law, the contractor is obliged to perform the work under the terms provided in the contract. If the contract lacks a detailed description, the work must be performed with the quality and scope typically necessary for such a structure. Special attention is paid to the estimate (budget): if the estimate is approximate, significantly exceeding it requires client consent. If the estimate is solid (fixed price), the contractor generally cannot demand a price increase even if the scope grows slightly, unless essential circumstances change.

In international projects, FIDIC contracts are used, which detail the definition of Scope and Measurement methods. The priority of documents (contract vs. specs vs. drawings) is crucial here.

Step-by-Step Service Process

Working with a lawyer on Legal.ge involves:

  1. Document Review: Analyzing the contract, BOQ, and drawings.
  2. Fact Assessment: Site visit and comparing actual work to documentation.
  3. Positioning: Preparing legal arguments regarding whether the disputed work falls within the original scope.
  4. Communication: Exchanging official letters and negotiating.
  5. Resolution: Reaching a settlement or filing a lawsuit.

Why Choose Legal.ge?

Scope of work disputes often get lost in technical details. A lawyer must understand not only the law but also construction terminology and processes. Legal.ge gives you access to professionals who can defend your position from both technical and legal perspectives. Don't overpay and don't perform unpaid work — protect your rights with our experts.

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