Hello guys,
There is a situation here that there was an item specified at the contract (by the Engineer) to cope with the BS to a certain clause; during the tendering: the contractor pointed out that the specified item is not available at the market but there is an alternative which complies with an equivalent on the ASTM. Both of the Engineer and the Employer have been convinced at that time and agreed therefore the specs. have been adapted to the new material.
On installing that Item on site, severe defects have been appeared directly after installation. The question is:
The responsibility of Replacing or rectifying that item lies on whom? (Employer or Engineer or the Contractor)?
There is a believe that the Contractor has to hand over the project without any defects even if he is not the responsible one.
Regards,
There is a situation here that there was an item specified at the contract (by the Engineer) to cope with the BS to a certain clause; during the tendering: the contractor pointed out that the specified item is not available at the market but there is an alternative which complies with an equivalent on the ASTM. Both of the Engineer and the Employer have been convinced at that time and agreed therefore the specs. have been adapted to the new material.
On installing that Item on site, severe defects have been appeared directly after installation. The question is:
The responsibility of Replacing or rectifying that item lies on whom? (Employer or Engineer or the Contractor)?
There is a believe that the Contractor has to hand over the project without any defects even if he is not the responsible one.
Regards,