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Error in Tender Drawings

4 replies [Last post]
Tue, 2009-08-04 00:00
Hady Mohamed
User offline. Last seen 10 years 31 weeks ago. Offline
Joined: 3 Feb 2006
Posts: 12
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Dear All,

In the project that uses FIDIC’s new yellow book (plant design-build), we are encountering various sub-surface utilities that are omitted from the Tender/As-Built Drawings.

We issued a Notice of Unforeseeable Conditions (as per Clause 4.12), and are currently locking horns with the Engineer whether these obstructions are genuinely unforeseeable or not.

I am considering working on a parallel route by trying to hold the Employer accountable for the inaccurate information submitted by their side.

Would Clause 4.7 (Setting Out) be the appropriate Clause for this notice?

Many thanks for your advice
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Replies

Tue, 2009-09-22 06:09
#1
ashraf alawady
User offline. Last seen 9 years 30 weeks ago. Offline
Joined: 27 Aug 2006
Posts: 320
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Dear Hady,

please note the following:-
1- during the tender stage ,all tenderer have to study the tender documents carfully and to familize them self with the actual site conditions by visiting the site and coordinating with the services authorities in order to gather all the required information.
if ther is any more clarifications the tendrers can send quary to the engineer to get the clear answer.
the engineer has to obtain No Objection Cetificate for the final design from all services autorties and the same has to be handed over to the contractor in the begaining of the project and it show the status of the existing utilites and the proposed utilities as well.

if the contractor after all this foung any utility obstructing the works and was not shown in any of the drwaings he can submt his calim for EOT.

The basis for the claim of unforeseeable is that you need to show that you did your part ahead of time (before excavation) and you took confirmation in written from the authority that there were no obsticles where you wanted to excavate.

On the other hand, the Errors in Drawings are dealt with like any other issue. This is a variation. You send a notice, and follow it up with the cost and time impact.

With kind regards,
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Fri, 2009-08-07 15:33
#2
Samer Zawaydeh
User offline. Last seen 5 years 8 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Groups: Civil Engineering, Regional Representatives
Dear Hady,

The basis for the claim of unforeseeable is that you need to show that you did your part ahead of time (before excavation) and you took confirmation in written from the authority that there were no obsticles where you wanted to excavate.

On the other hand, the Errors in Drawings are dealt with like any other issue. This is a variation. You send a notice, and follow it up with the cost and time impact.

With kind regards,

Samer
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Fri, 2009-08-07 13:39
#3
Hady Mohamed
User offline. Last seen 10 years 31 weeks ago. Offline
Joined: 3 Feb 2006
Posts: 12
Groups: None
Dear Samer,

Thank you for your response.

I am doing my best to prove the "unforeseenability" of the obstacles we are encountering.

However, my query was to inquire on how the Employer is to be held accountable for mistakes in information. C

Thank you very much for your advice.

Regards,

Hady
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Tue, 2009-08-04 18:18
#4
Samer Zawaydeh
User offline. Last seen 5 years 8 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Groups: Civil Engineering, Regional Representatives
Dear Hady,

You must show the Engineer evidence that you have taken all possible actions to ask about the under ground utilites. If you have done that, and you have proof from the responsbile authority that no subsurface utilities are present in the place you want to excavate, then the case can be considered "unforseeable". Otherwise, you can not claim under this clause.

Good luck.

With kind regards,

Samer
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