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Forensic Claims Analysis

Faulty Construction

In the Open Standard
Rama SubbuMember for 18 years 5 months
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Consultant with too stringent and high degree of inspection scale inspected and allowed the contractor to cast a footing. Subsequently it was found that, some of the footing were cast above the required level and it will obstruct the Plinth beam construction.

Hence the affected footings need to the demolished and excavation to be carried out to required founding level and reconstrut the PCC & Footing.

Certainly, there will be cost & time implication. Who is at fault Contractor or Consultant.

What should be the contractor’s stand?

Regards
G.Ramasubbu
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3 replies

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  1. 0
    Abhijit Kale ·
    #1
    Is it EPC contract?
    If yes then fault of contractor.

    Contractor have to bear expenses.

    If design and drawings are supplied by the client then contracto can go for extension of time/ if thr is cluase for claims, then for claims as well.

    cheers,
    Abhi
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  2. 0
    Mike Testro ·
    #2
    Hi Abhijit

    Usually the contractor is responsible for setting out his works.

    Unless there are express terms in the contract the engineers approval does not absolve the contractor of the consquences of incorrect levels.

    He must fix the problem quickly or he will be blamed for the delays.

    Best regards

    Mike Testro
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  3. 0
    Raphael Adeyemi, CCP, MNIQS, RQS, MQSi ·
    #3

    Hi Colleaques

    This topic is very interesting and call for care from the Contractors. i agreed with Mike that Engineers Approval does not absolve the Contractor of the consequences of incorrect setting out levels.

    It is worthy to note in FIDIC (1992 Edition) red book Clause 17.1 (a &b) that it is Contractor’s responsibility the accuracy of setting out of the Works

    You may read further of the last paragraph o this Clause that the checking of any setting-out or of any line by the Engineer shall not in any way relieve the Contractor of his obligations for the accuracy under the contract.

    Cheers guy

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