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Difference between Tender Drawings & Contract Drawings

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Puthenpurayil sug...
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Dear Members,

Sorry for a long delay with this form.

I Have a topic regarding the the subject issue...

My contractor is bound in Lumsum Contract.He was the ( Nominateded Person signed Condition of Acceptence showing date );Now the Contractor is furnishing a claim interpretating the difference between the subject item..!!!

As a Consultant I just object this claim in accodance with the signed Letter of Acceptance with date ..?

Or shall I specifically check the Agreement date to counter argue with the Contractor....?

Please ,experts just clarify...!!!!

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Abdirizack Adan Ali
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Kindly Need your advise Recently iam been awarded Contract as the BOQ is written as bellow and We quoted For it BUT in the Drawing is written plastering and paint and we didn't Qouted for it the client is saying we have to do the Job without extra money this is contract obligation please need to know if his right to ask work which is not in the BOQ we didn't qouted

“Construct interior perimeter solid wall (rubble stone masonry with RC columns, footings, ground beams & capping beams) as shown in tender drawings”.

ashraf alawady
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As agreed in principle , we have to differentiat between the final design drawings, Tender drawings , Contract Drawings,Construction Drawings ,Shop Drawings and the AS-Built Drawings.

And we have to specify the oblegation of each parties under each type of contracts.

Thanks
Anoon Iimos
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Thank you All,

I’m inclined to agree with the general statement of Andrew (Mr.Flowerdew), however, I’m not sure if this has conflicts in any way with the original provisions of the Contract regarding Change Orders/Variations and/or Ammendments.

If it is a "Variation of the Contract Terms by Agreement"; does it mean independent? How about later, considering that the project is quite prolimatic (i’m not exagerating); how often can they do this kind of agreement?

thanks in advance (TIA)
Karim Mounir
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Anoon,

In addition to what Andrew said, note that in some contracts which are having interim milestones there can be a condition which allow to postpone the milestone (in case of delay from the contractor) without applying any penalties from the client’s side.
In that case the interim milestone can be delayed to the following month.

As the client owns the contractor and the consultant then I don’t think that there will be any LDs or penalties applied (although they could be written in the contract stipulations!!).

Regards,
Karim
Andrew Flowerdew
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The effect is whatever the parties agree it is!!!!

The contract can only be varied by agreement of all the parties to the contract.

If they agree to postpone a milestone date and keep the overall completion date the same - that’s the effect.

If they agree to postpone a milestone date and also the completion date - that’s the effect.

Whatever is agreed needs to be in writing and it needs to be clearly stated that it is a variation of the contract terms by agreement not a supplementary (or additional or new) agreement to it.
Ashraf Jahangeer
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Anoon,

They can prove it provided they keep track of things and start submitting claims early on rather than retro active.

The more there is delay and the project is progressing the more the client needs and cares less about the Contractor.

Regards,

Ashraf
Anoon Iimos
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Asraf,

I don’t think they can prove it. I’m just trying to imagine a fair and reasonable undertaking. Could it be possible in this condition?

regards
Anoon Iimos
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Karim,

I just guess that the project is underestimated. Now, as i’ve said there are interim milestones forming parts of the whole EPC contract with individually defined durations. Of course the Contractor had commited to this and the total defined duration by signing the Contract.

The actual situation is somehow going paralell, i.e. one major milestone is in construction progress using partial issued for construction drawings. At this stage, it is deemed by the parties that it is not possible to complete this milestone as originally scheduled (contract). Please note that this subject milestone has sequential relations to the other milestones.

For example: If the Client made a recommendation to extend the duration of this milestone (i mean without substantive basis, as the engineering data is incomplete), knowing that there is a delay also attributable to the Contractor in the construction operations (as the Contractor did not provide resources as planned). What would be the effect in general?

I hope I made myself clear.

regards

p.s. please note that the Contractor and the Consultant are all owned by the Client.
Ashraf Jahangeer
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Dear Anoo,

I would like to add to what Karim is saying.

It is the responsibility of Contrator to complete the deliverables which is suited to the Contractual completion schedule. However if he can prove that the quality of comments and approval cycles taken buy the consultant/client is not in line with the Contract then he can make a claim for extension of time as well as for cost implication if any.

Regards,

Ashraf
Karim Mounir
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Anoon,

Whether the original contractual duration is practicable or not that doesn’t give the contractor the right not to commit to this completion date since that the contractor signed the EPC contract bearing in mind that there is a fixed completion date as well as u said interim milestones.
So if the contractor failed to approve the construction drawings (his own drawings) then he needs to rectify his delays in getting these drawings approved by squeezing and crashing his construction activities onsite to complete the project as per the contractual duration.

Regrads,
Karim
Anoon Iimos
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Karim,

Please consider this: Contractor’s responsibility is to develop detailed design based from the basic design provided by the Client as part of the tender documents. Asraf is right, the detailed design including Construction Drawings are part of the deliverables to be provided by the Contractor. These Detailed Design and Construction Drawings are to be issued for construction officially, which needs approval from the Client’s Consultant Engineer. Please note that the total duration of EPC is defined in the Contract, which includes interim milestones durations as well, encompassing the total project duration (EPC).

Again, my question is, if "in good faith" it is found that the originally defined total duration in the Contract is not practicable, what would be the options of the Contracting Parties? Any answers general or specific (or even out of the blue!) will be highly appreciated!
Karim Mounir
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In EPC contract, it’s the contractor responsibility to prepare and approve the construction drawings in the due time (most probably as per the level 2 schedule) however if he fails, then he needs to revise his drawings to get them approved from the client.
The contractor therefore needs to rectify his delays in getting the drawings approved by squeezing and crashing his construction activities onsite to complete the project as per the contractual duration.

Regrads,
Karim
Anoon Iimos
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agree with Ashraf from Kuwait, "but in case of LSTK EPC the Construction drawing is prepared by Contractor as part of deliverables" which means? what would be the effect on time schedule Ashraf? if they found it not practicable (after design development) to work out the Project based on the contractually defined duration?
Ashraf Jahangeer
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Hi Ashraf,

Rightly explained, but in case of LSTK EPC the Construction drawing is prepared by Contractor as part of deliverables.


Regards,


Ashraf
ashraf alawady
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the tender drawings are to be issued to the contractors as part of the tender documents.
after the tender stage and in the begaining of the project the engineer has to issue to the successful contractor full set of the contract documents which shoud be the same documents issued for tender plus all the amendments and clarification done during the tender stage.
During the costruction stage and if the employer/consultant like to meke any changes in the contract drawing ,he should issue the same officially the contractor under name of construction drawings .
if the contractor noticed any major changes between construction drawing and the contract drawing he has to analise the impact of this changes and notefy the employer/consultant for the expected additional time and cost and reserve his right to claim EOT with cost before start preparing the shop drawings.
ashraf alawady
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the tender drawings are to be issued to the contractors as part of the tender documents.
after the tender stage and in the begaining of the project the engineer has to issue to the successful contractor full set of the contract documents which shoud be the same documents issued for tender plus all the amendments and clarification done during the tender stage.
During the costruction stage and if the employer/consultant like to meke any changes in the contract drawing ,he should issue the same officially the contractor under name of construction drawings .
if the contractor noticed any major changes between construction drawing and the contract drawing he has to analise the impact of this changes and notefy the employer/consultant for the expected additional time and cost and reserve his right to claim EOT with cost before start preparing the shop drawings.
Ashraf Jahangeer
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Dear Mr Basheer,

IFC is a deliverable and you cannot compare it with Tender drawing.

Regards,

Ashraf
Mohamed Basheer
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Hi All,

In a LSTK contract, Even if the first issue of Drawing "Issued for Construction Drawings" differ from the Tender Drawings + Addenda significantly; The contractor is entitled for a time claim if the changes involve additional work and affects the completion of the project.
Anoon Iimos
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Mr. Flowerdew,

I never thought that you can speak other language. I got a question which might be out of this topic but relates to Lump Sump Contract (LSTK) with defined total duration and interim milestones durations.

My question is, what would be the effect (impact) if the Owner or its Representative did a recommendation to extend the duration of one of the interim milestones based on the condition of i would say, "good faith" as it is considered that the Contractor is not anymore able to finish as per original interim milestone duration (Contract)? Please note that this subject milestone has relations (sequentially) to the other interim milestones.

Regards
Andrew Flowerdew
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Puthenpurayil (thank goodness for copy and paste)

If it is a lump sum contract then the staring position is that the contractor has allowed for EVERYTHING. It is a myth in the case of a difference between tender and contract drawings the contractor can claim aditional money.

There is a very big difference between the scope of work as identified on the drawings, B of Q’s, specification, etc and the LEGAL scope of work that the contractor is deemed to have included for.

If the change is something that is was obvious needed to be included, then in a lump sum sum contract the contractor is deemed to have included for it whether or not shown on a drawing, described in the specifiacation or allowed for in a B of Q.

Eg, Drawings show a heating system but no boiler - the contractor would be deemed to have included for a boiler, but if it needed two boilers then possibly not the second boiler. The mention of a heating system implies that a boiler is needed (at least one) and therefore the contractor is deemed to have included for it.

A remaeasurement contract would be very different.
Hernando Pesca
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Ashraf,

You are right. I agree with your definition. Shop drawing is an example of deliverable.

Regards,

Hernan
Ashraf Jahangeer
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Anoon,

The Drawings you are refering to is called DELIVERABLE and is not part of CONTRACT DOCUMENT.

The definition as per AACE is as follows.

DELIVERABLE - a report or product of one or more tasks that satisfy one or more objectives and must be delivered to satisfy contractual requirements.


CONTRACT DOCUMENTS - the agreement, addenda (which pertain to the contract documents), contractor’s bid (including documentation accompanying the bid and any post-bid documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, the bonds, the
general conditions, the supplementary conditions, the specifications and the drawings as the same are more specifically identified in the agreement, together with all amendments, modifications and supplements issued pursuant to the general conditions on or after the effective date of the agreement.



Regards,


Ashraf
Anoon Iimos
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Ashraf,

"Please do not think Contract drawing as deliverables of the project which the COntractor is generator and it is his prerogative to go for detailing under guidelines of Contract specification."

I’m afraid that’s exactly what i’m into right now!
Ashraf Jahangeer
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Anoon,

Think again...

Even if it is LSTK, EPC then also if there is a change in the drawing which was atached to the Tender and which becomes part of Contract at the time of award.

The Contractor has the right to ask for variation.

Please do not think Contract drawing as deliverables of the project which the COntractor is generator and it is his prerogative to go for detailing under guidelines of Contract specification.

Regards,

Ashraf
Anoon Iimos
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Shahzad,

even if it is LSTK; EPC? i don’t think so...
Shahzad Munawar
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There is no doubt that difference in Tender and Contract Drawings definitely entitles the Contractor to claim additional costs.
Ashraf Jahangeer
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Hi Sitansh,

The last line in your reply needs correction we must not call it 1st Contract Drawing it is Tender Drawing only.

Hence as Hernan pointed out which is your point also that if there are significant changes (time & cost impact. etc.) between the two (Tender Drawings and Contract Drawings),the contractor has the right to claim.


Regards,


Ashraf
Sitansh Desai
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Hi Friends,

As per my experience, Tender Drawing means drawing issued for tendering and Contract Drawing means drawing issued once Contract is awarded (alongwith Contract Agreement).

Contract Drawing may vary from Tender drawing as Contract Drawing includes all addendums resulted from querries by proposed contractors. This may result in addition/deletion of several items.

Hence, Contractor can claim time/cost only in case, the changes have been made after issuance/acceptance of 1st Contract Drawing.
Hernando Pesca
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Hi Fellows,

I could not get exactly the situation in the fist post. If it’s difference between tender drawings and contract drawings it should go like this - during the signing of agreement there should be a set of contract drawings that goes with it. That set of contract drawings is usually the tender drawings wherein the contractor based his contract amount. If there are significant changes (time & cost impact. etc.) between the two, the contractor has the right to claim.

Regards,

Hernan
Shahzad Munawar
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It should be treated with ’Letter of Acceptance’ Date as Contract agreement date does not have validity therein.
Faried Khan
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Hi,

I believe it is the "Letter of Acceptance" Date

Thanks