What does your contract say
The contract doesn’t say anythings about who should come up with the design , as originally the contractsound somethings like this " ....agree to execution, performance, design, construction, completion and maintenance of ...project name ........ and remedy any defects. As highlighted before , this project being abandone few years ago.

Have you any leverage on the design consultant
I can say No.

Does the client have to approve the concept
Yes, provided no objection from the "HOTEL OPERATOR" side.

If the concepts not finalised how did you price it?
Pricing were done based on the previous design ( few years ago) , which perhaps doesn’t fit at all after so many years being abandoned.

Just to highlight .... *** strong point *** Project started for 4 months , not even single Architectural consturction drawing issue out ..... I presume that Architectural concept design doesn’t come from us , and our design portion for M&E work cannot be finalised without the Architectural drawing "CHop For Construction"

As such Project delay doesn’t fall under contractor responsibility at all !!!

Haha Clive ... maybe you are right ,,,, worst project i have even seen ( inconvenient to mention here )

Just some infor before going into this ,

Natural of the project : Rehabilitation of project being abandone.

Contract use : FIDIC "Condition of Contract for Plant and Design-Build for electrical and mechanical works and for building and engineering works designed by the Contractor" First Edition 1999

Overall view of position :

Client --> Project Management Team (Client Side) ---> Main Contractor

Very clearly this is the D&B project , where client will come out with the Concept Design requirement , Main contractor will do the design for M&E and certain part of C&S work in order to rehabilitant the existing project.
(correct me if i am wrong)

Problem come in :--

Project being delay for 4 months since contract award .
Concept design from client side have’t finalised ,
( note : designed consultant being appointed by client and nominated to main contrator ) .... All concept design being deal among client and designer . Main contractor doesnt fully involved.

Recently Main Contractor raised up this issue to client. The client Project management team defend by saying " Delay cause by Main Contractor , Main contractor should take the initiative to chase for designer and inform client if they are delay, we (the project management team) are just helping ...... " ...

Question :

1) Go back to the basic of the design and built contract . Where is our position ???? The concept design should be fall under main contractor responsibility ????