Feed Documents/Drawing? or Technical Specifications?

Moses,

No easy answer to that, but the starting position would be no you can’t.

But from there you would have to ascertain what you took responsibility for when you took on the client information. Was it held out to be a complete design, just a rough idea of what was required, etc, etc.....


Then define (legally speaking) what your scope of works is and what the contract says you can or can’t claim for. eg

Please Mr Contractor design, procure and install a complete HVAC system for us. We have this preliminary design that show’s you the sort of thing we were thinking about but it’s up to you how you do it. Then no you can’t.

or:

Please Mr Contractor design, procure and install a complete HVAC system for us. We have this design that we want you to use and develop abit further but it’s substantially all there. Then maybe you can if the contract allows it.

My dear,
You have to put in your mind the following issues:-
1-All the contract documents are compelementary.
2- Contract documents means
contract agreement
Tender condition of contract
letter of acceptance
condition of contract(general & particular)
contract drawings
contract specification(general & particular)
contract BOQ
official correspondences

If you have received any instruction or any addetional datas (drawings) to do any works specified in any part of the above said documments ,then you can not use it to built
a claim.

If that instruction or addi.drawings wwere not specified in any part of the above mentioned contract document,then you have to notify the client and reserve your right for claiming any EOT and additional costs.

Furthermore you have to make complete study and analysis using TIA to get the actual time impact and do cost analysis to get the cost immplecations - if any.

Hi There,

Since this is an EPC Project and a Lump Sum contract.We are responsible for Engineering based on the feed documents/drawings and clients Technical Specifications.

Of course the clients inputs are not a complete design, just a rough idea of what is required. But till the finalisation of the Material Take Offs no party could estimate the exact cost for HVAC System.

At this point for example, there are some more equipments required for the HVAC System based on our Engineering. Which complies with the clients Technical Specifications.

Now, the client says your design is complying with our Technical Specifications but we can not pay for those equipments for the HVAC System which were not shown on the feed documents/drawings.

Is this just our problem?

Regards

*You are responsible for Engineering based on the feed documents/drawings and clients Technical Specifications.
*Clients inputs are not a complete design.
*SO, the client has to provide you wit just a rough idea of what is required and based on your professionality as specialest in this feild, you have to do the works including the detail design.

In the light of the above ,you have to include all the expectd cost , as specialest in this feild, during your pricing for the total required scope of works as a lump sum contract.
It seems that it is your own problem.

It also can depend on how the "feed documents" are presented to the contractor in the request for quotation.

If it is a full-blown EPC, with a performance specification, then the contractor is responsible for everything (except design criteria) for bringing the works to successful completion, fit-for-purpose. BoQs and specification descriptions mean nothing in terms of giving grounds for claim.

If it is a prescriptive specification, where the client tells you to incorporate certain items as requirement, there may be some scope for claim. However, if the contract expressly says that you must provide everything normally provided, whether stated in the contract or not, then you cannot claim.

From my past 12yrs experience of EPC, I would say that, as a general rule, once you are into these kind of contracting arrangements, you have to provide everything unless there are clear provisions entitling you to claim written into the t&c.

John seems to have summed it up quite well

Hi,David

is it clear now or you still need more clarifications.

REGARDS

Hi There,

I am so glad to see that all friends are trying to share as much as they can.

I really appreciated for your valuable comments.

Thanks