I have encounter below case. Kindly advice.
The scope of work is the roof trellis at lvl 35.
3 person involved:
Main Con
Sub Con (Trellis Specialist)
Architect
Scenario
1) Main Con issue the structural and architectural layout drawing at level 35 late
2) issues with design submission
2.1- This is where the disputed started
2.1 - Sub Con is saying architect took a long time to review and comment. Comment are too vague and they are many revision. No approval and thus it delay their production and delivery.
2.2 - Architect is saying they respond within 2 weeks from submission according to contract clause. The sub con submission is poor and bad quality. Furthermore they are not addressing to the comment .
2.3 Main Con only act as postman.
Now my questions as below
a) According to contract, the sub con should request EOT from main con as the contract involvement is between the main and sub con. But Main Con ask sub con to request directly from Architect. Does that make sense ?
b) This is a fast track project and made known to all parties that the work are in the critical path. Sub con revised programme ( Not baseline, as there are no information on design) does not allow 2 weeks for architect to repsond, only a week and only allow for 2 revisions. A condition stipulated in their programme disclaimer. Architect is saying what the sub con intention is not a provision under the contract. Any advice ?
c) In the contract, it state that the design for trellis, is a priority submittal should be confirm within 3 months from contract signing.
Sub con is saying that they are unable to proceed w/o the structural drawing and the 3 months deadline is without any principle as the construction for trellis according to their baseline programme is 10 months later
The architect disputed as the only concern is the column layout which is not finalised, but conceptual wise, the height and requirement is already agreed at tender stage. Sub con can proceed the design in principle and detailed later. Sub con did not mitigate the delay as they have not enough manpower to do the design. As for the 3 months, it is in the contract provision
How to go about solving this EOT problem. Whose has the rightful claim of time.
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