Claim for Design Error
Claim for Design Error
(OP)
MEP Contractor Noticed a serious Design Error in Pump Head which it is almost 150% of the Design pump Head ; Consultant agreed the contractor calculations and revised selection . Contractor raised a claim for the additional Cost to avoid the design Error but the Client cost Engineer referred to specification " Any increase of the pump head and motor rating is deemed to be included at no additional charge." Please advise how to solve this contractual problem take into consideration the Project specification following FIDIC-1999-RED-BOOK .





RE: Claim for Design Error
Best you sit down with the Contractor; there can also be substantial costs for delays.
Dik
RE: Claim for Design Error
RE: Claim for Design Error
Dik
RE: Claim for Design Error
However, that is not the case here. You, and the client, had made an error, which is now corrected, but this is a change in scope, directed by the client and yourself. No court would see it differently.
TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
FAQ731-376: Eng-Tips.com Forum Policies forum1529: Translation Assistance for Engineers Entire Forum list http://www.eng-tips.com/forumlist.cfm
RE: Claim for Design Error
Dik
RE: Claim for Design Error
Based on the OP's description of the situation, the consultant (engineer) violated 1.9 Delayed Drawings or Instructions, by correcting their error after start of work, in effect, delaying the issue of drawings or instructions until after the contractor already paid for equipment that cannot used.
If the Contractor suffers delay and/or incurs Cost as a result of a failure of the Engineer to issue the notified drawing or instruction within a time which is reasonable and is
specified in the notice with supporting details, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and
(b) payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.
TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
FAQ731-376: Eng-Tips.com Forum Policies forum1529: Translation Assistance for Engineers Entire Forum list http://www.eng-tips.com/forumlist.cfm
RE: Claim for Design Error
Just added... If you check your liability insurance, delay claims are generally excluded from coverage.
Dik
RE: Claim for Design Error
RE: Claim for Design Error
Dik
RE: Claim for Design Error
RE: Claim for Design Error
Dik
RE: Claim for Design Error
RE: Claim for Design Error
The only sleazy thing I've been involved with is a project in Winnipeg where the steel fabricator made a $400K error. In reviewing the prices it was obvious that an error had been made.
I usually give a contractor/fabricator the option of holding the price or withdrawing. The developer insisted the fabricator hold his price or he would exercise the bid bond. Shortly after I submitted my memo to file and the client, I was removed from the project
a short time later. A decade or so later, not related to the project, the steel fabricator went out of business.Dik
RE: Claim for Design Error
Dik
RE: Claim for Design Error
Dik