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JCT: - Setting out inaccuracies
We have discovered, during the erection a steel frame that the foundations have been incorrectly set out by the contractor and this is causing the steel to miss the holding down bolts.
Referring to clause 2.10 of the contract, it would appear there are 2 options available to the employer:
1. Request that the contractor rectifies the inaccuracy at their own cost or
2. The employer can accept that the errors are not amended and an appropriate deduction may be made from the contract sum.
The question is, what is an appropriate deduction?
You say that "this is causing the steel to miss the holding down bolts."
Regardless of the form of contract I'm struggling to imagine how such an error could ever be, practically, acceptable and remain unrectified i.e. the steel (presumably column) not being connected to the foundation.
The structural engineer has come up with a toe detail, dowelled into the side of the pile cap to resolve the issue. New resin fixings will be used in lieu of the original holding down bolts.
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The contract doesn't define what an appropriate deduction is so it's effectively assessed by the Architect / Contract Administrator. In your example it's difficult to understand how any deduction would be appropriate provided that the Contractor rectifies the problem at his own cost. If the Employer has incurred additional fees as a result of the problem e.g. paying the structural engineer to produce a revised detail then maybe this could be classed as an appropriate deduction.
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