Hi Friends,
i am facing a dillema at my project. We have a nominated subcontractor for Post Tension Works. The letter of Nomination says the contract is for Post Tensioning works included in Bill of Quantities. Similarly another clause specifies that the work to comply with the tender documents for Post Tension Works. This makes it clear that the nomination is for design, supply, supervision & installation of the system. Our contract is made on this basis.
Now the problem is Consultant is changing the architectural drawing at the last moment and virtually leading to suspension of our work for at least three phases. At the point of submission of Notice of Claim, the consultant comments that since the design is in our scope, the claim for EOT stops at the furnish of Architectural drawings. And the revised PT drawings are submitted via us as shop drawing submittals and consultant claims he has 15 days for approval or commenting for revise & resubmit from the submission date.
Our point of argument is a clause that says `any part of permanent works designed by the contractor shall be submitted to the engineer for approval.` We claim that our EOT claim can be effective upto approval of the drawing by the consultant.
Another point of argument from our side is `Our scope of design is limited to Tender Drawings only and any changes with respect to tender drawings is redesign and We can forward claim for that.`
So Friends. Where do i stand
Pull me Out
Irfan
i am facing a dillema at my project. We have a nominated subcontractor for Post Tension Works. The letter of Nomination says the contract is for Post Tensioning works included in Bill of Quantities. Similarly another clause specifies that the work to comply with the tender documents for Post Tension Works. This makes it clear that the nomination is for design, supply, supervision & installation of the system. Our contract is made on this basis.
Now the problem is Consultant is changing the architectural drawing at the last moment and virtually leading to suspension of our work for at least three phases. At the point of submission of Notice of Claim, the consultant comments that since the design is in our scope, the claim for EOT stops at the furnish of Architectural drawings. And the revised PT drawings are submitted via us as shop drawing submittals and consultant claims he has 15 days for approval or commenting for revise & resubmit from the submission date.
Our point of argument is a clause that says `any part of permanent works designed by the contractor shall be submitted to the engineer for approval.` We claim that our EOT claim can be effective upto approval of the drawing by the consultant.
Another point of argument from our side is `Our scope of design is limited to Tender Drawings only and any changes with respect to tender drawings is redesign and We can forward claim for that.`
So Friends. Where do i stand
Pull me Out
Irfan