Guild of Project Controls: Compendium | Roles | Assessment | Certifications | Membership

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

FIDIC 87 - Clause 12.1

5 replies [Last post]
Thu, 2006-01-12 04:18
Razi Khan
User offline. Last seen 7 years 30 weeks ago. Offline
Joined: 17 Jun 2004
Posts: 74
Groups: None
Hi,

FIDIC – 1987

Sufficiency of Tender - Clause 12.1

“The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the Tender……………..….and all matter and things necessary for the proper execution and completion of the works”.

Question: For a Lump Sum Contract does this “Correctness” word includes correctness of design itself, e.g. electrical power load calculation and corresponding Electrical Schematic diagram?

Please comment.

Cheers

Razi Khan
Top

Replies

Thu, 2006-01-12 16:49
#1
Andrew Flowerdew
User offline. Last seen 2 years 23 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
Razi,

It comes down to what you knew at tender or as the saying goes, ought to have reasonably known. It may amount to a variation or alternatively it could be no more than a clarification of an ambiquity on the drawing.

If the electrical equipment was shown on the drawings at tender then it was pretty obvious thay had to have a power connection to them from somewhere - even I could work that one out and I’m not an electrian.

A full electrical design check on the power loadings and cable sizing etc would not in my opinion be a reasonable expection at tender stage. A basic check would.

Go back and look at the tender information and ask yourself questions like:

Have I got the information that would allow me to estimate the power requirements for these machines and hence take a stab at what power connection would be required?

Even if I can, is there any clues as to where the power connections would come from? - overhead, ducted underground, etc.

Once you’ve done that, compare what you’ve come up with against what you’re now being asked to do and if it’s vastly different, claim the DIFFERENCE as additional work.
Top
Thu, 2006-01-12 14:44
#2
Charleston-Joseph...
User offline. Last seen 2 years 39 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
Hi Razi,

On whose side you are in among the 5 parties?

Naturally, the owner will say it is not a variation. The same statement will come from the Project Management, consultant and designer.

Only the contractor will claim that it is a variation.

The above is the natural game play in construction.

For your specific case study, again i find your information insufficient to share any professional opinion.

Cheers,

Charlie
Top
Thu, 2006-01-12 07:15
#3
Razi Khan
User offline. Last seen 7 years 30 weeks ago. Offline
Joined: 17 Jun 2004
Posts: 74
Groups: None
Thanks Andrew & Charleston

It is not a Design & Built Contractor.

Following are the different parties.
1. Owner.
2. Project Manager
3. Designer.
4. Contractors ( 5 Different Contractor ).

In General layout design drawings (Electrical) many equipments were shown which were not having corresponding power supply line in concerned design drawings.

During construction stage Contractor raised a query for clarification. Designer provided the clarification.

Now does the works resulted from clarification constitutes variation?


Cheers,

Razi Khan
Top
Thu, 2006-01-12 06:45
#4
Andrew Flowerdew
User offline. Last seen 2 years 23 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
Razi,

The other info we need is:

Is it a design and build contract or Employer design, Contractor build contract?
Top
Thu, 2006-01-12 04:42
#5
Charleston-Joseph...
User offline. Last seen 2 years 39 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
Hi Razi,

IMHO, the correctness and sufficiency of the tender is only applicable to the information provided in the tender. Other exercise that are impractical to conduct at the tender stage are not included in the said clause.

With regards to electrical power load calculation and correponding electrical schematic diagram, we need more information on the real situation before we can have a more valid opinion to share with you.

Cheers,

Charlie
Top