As agreed in principle , we have to differentiat between the final design drawings, Tender drawings , Contract Drawings,Construction Drawings ,Shop Drawings and the AS-Built Drawings.

And we have to specify the oblegation of each parties under each type of contracts.

Thanks

Anoon,

In addition to what Andrew said, note that in some contracts which are having interim milestones there can be a condition which allow to postpone the milestone (in case of delay from the contractor) without applying any penalties from the client’s side.
In that case the interim milestone can be delayed to the following month.

As the client owns the contractor and the consultant then I don’t think that there will be any LDs or penalties applied (although they could be written in the contract stipulations!!).

Regards,
Karim

Anoon,

They can prove it provided they keep track of things and start submitting claims early on rather than retro active.

The more there is delay and the project is progressing the more the client needs and cares less about the Contractor.

Regards,

Ashraf

Karim,

I just guess that the project is underestimated. Now, as i’ve said there are interim milestones forming parts of the whole EPC contract with individually defined durations. Of course the Contractor had commited to this and the total defined duration by signing the Contract.

The actual situation is somehow going paralell, i.e. one major milestone is in construction progress using partial issued for construction drawings. At this stage, it is deemed by the parties that it is not possible to complete this milestone as originally scheduled (contract). Please note that this subject milestone has sequential relations to the other milestones.

For example: If the Client made a recommendation to extend the duration of this milestone (i mean without substantive basis, as the engineering data is incomplete), knowing that there is a delay also attributable to the Contractor in the construction operations (as the Contractor did not provide resources as planned). What would be the effect in general?

I hope I made myself clear.

regards

p.s. please note that the Contractor and the Consultant are all owned by the Client.

Anoon,

Whether the original contractual duration is practicable or not that doesn’t give the contractor the right not to commit to this completion date since that the contractor signed the EPC contract bearing in mind that there is a fixed completion date as well as u said interim milestones.
So if the contractor failed to approve the construction drawings (his own drawings) then he needs to rectify his delays in getting these drawings approved by squeezing and crashing his construction activities onsite to complete the project as per the contractual duration.

Regrads,
Karim

In EPC contract, it’s the contractor responsibility to prepare and approve the construction drawings in the due time (most probably as per the level 2 schedule) however if he fails, then he needs to revise his drawings to get them approved from the client.
The contractor therefore needs to rectify his delays in getting the drawings approved by squeezing and crashing his construction activities onsite to complete the project as per the contractual duration.

Regrads,
Karim

Hi Ashraf,

Rightly explained, but in case of LSTK EPC the Construction drawing is prepared by Contractor as part of deliverables.


Regards,


Ashraf

the tender drawings are to be issued to the contractors as part of the tender documents.
after the tender stage and in the begaining of the project the engineer has to issue to the successful contractor full set of the contract documents which shoud be the same documents issued for tender plus all the amendments and clarification done during the tender stage.
During the costruction stage and if the employer/consultant like to meke any changes in the contract drawing ,he should issue the same officially the contractor under name of construction drawings .
if the contractor noticed any major changes between construction drawing and the contract drawing he has to analise the impact of this changes and notefy the employer/consultant for the expected additional time and cost and reserve his right to claim EOT with cost before start preparing the shop drawings.

Hi All,

In a LSTK contract, Even if the first issue of Drawing "Issued for Construction Drawings" differ from the Tender Drawings + Addenda significantly; The contractor is entitled for a time claim if the changes involve additional work and affects the completion of the project.

Puthenpurayil (thank goodness for copy and paste)

If it is a lump sum contract then the staring position is that the contractor has allowed for EVERYTHING. It is a myth in the case of a difference between tender and contract drawings the contractor can claim aditional money.

There is a very big difference between the scope of work as identified on the drawings, B of Q’s, specification, etc and the LEGAL scope of work that the contractor is deemed to have included for.

If the change is something that is was obvious needed to be included, then in a lump sum sum contract the contractor is deemed to have included for it whether or not shown on a drawing, described in the specifiacation or allowed for in a B of Q.

Eg, Drawings show a heating system but no boiler - the contractor would be deemed to have included for a boiler, but if it needed two boilers then possibly not the second boiler. The mention of a heating system implies that a boiler is needed (at least one) and therefore the contractor is deemed to have included for it.

A remaeasurement contract would be very different.

Anoon,

The Drawings you are refering to is called DELIVERABLE and is not part of CONTRACT DOCUMENT.

The definition as per AACE is as follows.

DELIVERABLE - a report or product of one or more tasks that satisfy one or more objectives and must be delivered to satisfy contractual requirements.


CONTRACT DOCUMENTS - the agreement, addenda (which pertain to the contract documents), contractor’s bid (including documentation accompanying the bid and any post-bid documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, the bonds, the
general conditions, the supplementary conditions, the specifications and the drawings as the same are more specifically identified in the agreement, together with all amendments, modifications and supplements issued pursuant to the general conditions on or after the effective date of the agreement.



Regards,


Ashraf

Anoon,

Think again...

Even if it is LSTK, EPC then also if there is a change in the drawing which was atached to the Tender and which becomes part of Contract at the time of award.

The Contractor has the right to ask for variation.

Please do not think Contract drawing as deliverables of the project which the COntractor is generator and it is his prerogative to go for detailing under guidelines of Contract specification.

Regards,

Ashraf

There is no doubt that difference in Tender and Contract Drawings definitely entitles the Contractor to claim additional costs.

Hi Friends,

As per my experience, Tender Drawing means drawing issued for tendering and Contract Drawing means drawing issued once Contract is awarded (alongwith Contract Agreement).

Contract Drawing may vary from Tender drawing as Contract Drawing includes all addendums resulted from querries by proposed contractors. This may result in addition/deletion of several items.

Hence, Contractor can claim time/cost only in case, the changes have been made after issuance/acceptance of 1st Contract Drawing.

It should be treated with ’Letter of Acceptance’ Date as Contract agreement date does not have validity therein.