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why is that bill of quantity not optional on some contracts?

New YorkConstruction Contract
Anonymous Contractor

why is that bill of quanty not optional on some contracts? what are the factors to be considered while while applying a contract?

2 replies

Attorney at Greenspoon Marder
| 54 reviews
Feb 10, 2023

I am sorry, i do not understand your question? are you asking about contract terms, contract risk management? please provide more detail or context. Thank you

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Greetings. You appear to want to know why a bill of quantities would not be optional in certain contracts. In New York, a BOQ may not be optional because you are at the bidding stage and the BOQ may be required for the developer or other purchaser of your services to determine who to award the project. If you are beyond the bidding stage and are at the contract stage, then the BOQ fixes the prices under the contract (if a fixed or firm BOQ rather than an estimated or approximate), and exposes the supplier or service provider to a breach of contract if the values are exceeded and payment is nevertheless demanded. Please contact a New York lawyer for further information. Good luck.  

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