Gary is correct when he says it depends on the wording of the contract and circumstances that occurred.
For example, in D&B or EPC contracts I have seen more use in recent years of a time period at the beginning of the contract within which the Contractor must inform the Employer, (Engineer), of any and all discrepancies in the drawings and if the Contractor fails to do so, the risk of abortive work etc then lies with the Contractor.
In a more traditional Employer design, contractor build only scenario then the costs would usually be recoverable.
The answer is in the contract, (hopefully).
Member for
14 years 7 months
Member for14 years7 months
Submitted by ad*****@h***** on Thu, 2011-07-21 02:50
In Most Cases, the Contractor in many cases should be able to claim for corective or change of scope works based on inital AFC drawings issued by the employer but normally there is an independent verify appointed in the project to make sure this does not happen.
If the building is fit for its intended purpose then the employer has not suffered any damage.
It would be unreasonable therefore to insist on full restoration.
If however because of the discrepancy the employer cannot make beneficial use of his building then restoration would be reasonable.
As to who is responsible that is a problem for the courts but to my mind the discrapncy was in the design and that is where the blame trail should start.
Best regards
Mike Testro
Member for
16 years 7 months
Member for16 years7 months
Submitted by Gary Whitehead on Mon, 2011-07-18 18:15
Obviously this will depend on the precise wording of the contract, and the precise events which occured, but in general:
1) A contractor can be expected to notify client of any discrepancies which he discovers and wait for instruction
2) A contractor cannot be expected to check every single drawing issued for discrepancies. It is the client / design consultant's responsibility to provide the correct drawings.
So yes, a contractor could probably claim for abortive works.
i supposed there are always QA/QC inspectors and specifications that govern over drawings, so if the contractor is in doubt, there will always be time for inquiries and decisions
Member for
20 years 10 monthsGary is correct when he says
Gary is correct when he says it depends on the wording of the contract and circumstances that occurred.
For example, in D&B or EPC contracts I have seen more use in recent years of a time period at the beginning of the contract within which the Contractor must inform the Employer, (Engineer), of any and all discrepancies in the drawings and if the Contractor fails to do so, the risk of abortive work etc then lies with the Contractor.
In a more traditional Employer design, contractor build only scenario then the costs would usually be recoverable.
The answer is in the contract, (hopefully).
Member for
14 years 7 monthsIn Most Cases, the Contractor
In Most Cases, the Contractor in many cases should be able to claim for corective or change of scope works based on inital AFC drawings issued by the employer but normally there is an independent verify appointed in the project to make sure this does not happen.
Member for
19 years 10 monthsHi Lo If the building is fit
Hi Lo
If the building is fit for its intended purpose then the employer has not suffered any damage.
It would be unreasonable therefore to insist on full restoration.
If however because of the discrepancy the employer cannot make beneficial use of his building then restoration would be reasonable.
As to who is responsible that is a problem for the courts but to my mind the discrapncy was in the design and that is where the blame trail should start.
Best regards
Mike Testro
Member for
16 years 7 monthsObviously this will depend on
Obviously this will depend on the precise wording of the contract, and the precise events which occured, but in general:
1) A contractor can be expected to notify client of any discrepancies which he discovers and wait for instruction
2) A contractor cannot be expected to check every single drawing issued for discrepancies. It is the client / design consultant's responsibility to provide the correct drawings.
So yes, a contractor could probably claim for abortive works.
Member for
19 years 1 monthi supposed there are always
i supposed there are always QA/QC inspectors and specifications that govern over drawings, so if the contractor is in doubt, there will always be time for inquiries and decisions