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REVISED CLAUSE 14 FROM ENGINEERS

3 replies [Last post]
Tue, 2010-05-18 01:50
Mervilyne Pangan...
User offline. Last seen 2 years 1 week ago. Offline
Joined: 25 May 2009
Posts: 53
Groups: Civil Engineering, Pinoy Planning Planet Community
We are the Contractors for the Project, we set our planned tru Schedules. However, the Engineers are keep on rejecting the Clause 14 due to suggestions that is not really applicable. How can I prevent them for doing so? I cant do progress to show the engineers and client the delays occurs. PLEASE ADVISE.
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Replies

Sun, 2010-05-30 02:25
#1
Samer Zawaydeh
User offline. Last seen 5 years 25 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Groups: Civil Engineering, Regional Representatives
Dear Mervilyne,

Its OK. The decision is not yours. Your job is to point out to your management what is the CoC calling for and what you have presented to your client.

I do recommend that you keep track of all this EXTRA work that you are doing, and that you do inform your Boss accordingly that this is EXTRA work according to the Conditions of Contract.

At one point in time, maybe they may decide to collect all this data and send it to the Engineer/ client if they really over do it with asking for extras.

With kind regards,

Samer
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Sun, 2010-05-30 01:59
#2
Mervilyne Pangan...
User offline. Last seen 2 years 1 week ago. Offline
Joined: 25 May 2009
Posts: 53
Groups: Civil Engineering, Pinoy Planning Planet Community
Dear Samer,

Thanks for your advise. I believe you are correct.
However, my boss told me to follow the instruction of the Engineers..huhuhuhu..I feel bad. Even theres no technical changes done in the program, No dissapproval comment, all are crap comments that i think ENGINEERS seems to hold the approval of the programme to avoid claim for EOT.

Regards,
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Tue, 2010-05-18 04:46
#3
Samer Zawaydeh
User offline. Last seen 5 years 25 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Groups: Civil Engineering, Regional Representatives
Dear Mervilyne,

First you need to read the Conditions of Contract and then you will find out that the Engineer can’t reject. They need to provide a notice to the extent that the Program of Works does not abide by the Contract; scope, time, cost, and quality.

Hence, the Constructability issues (applicable or not) it is up to the Contractor to determine. That is their right because they have studied the Contract in a particular way and they have won the Contract accordingly. It is not up to the Engineer to Reject the Plan.

I would recommend that you send the Engineer a letter refering to clause (14) and what the Engineer responsibilities are. At the same time, stating that you have submitted the Program of Works (several time, I assume) and that the delaying and cost of submmitals will be charged to the Client since this is extra work beyond the scope of the Condition of Contract that the Engineer is asking the Contractor. This will a notice of event taking place (extra cost) and you will submit the total cost of this event as soon as the Engineer stops rejecting the Program of Works. Subsequently, you can calculate the cost of the Planning Engineer/ Project Manager/ Meetings/ Overhead and profit and send it to the Engineer with a copy to the Client.

This should balance your field with the Engineer. At the same time, you need to find someone to review the letters from the Engineer to check if they are over doing their responsibilities and make sure that you get paid for all extras that you are doing.

With kind regards,

Samer
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