ECC Option A for a new car park. X7,X16,X18 applied. and W1,2,3 applied.
the car park design is accepted by PM but the contractor found that the design is not yet comfy with the building legislatio current at the contract date. they think the design is accepted by PM and it should be a design change and it should be a CE.
a) is it correct? how can the PM deal with it? any clause I can refer to?
we also find the drainage is incorrectly installed. and the design is followed client’s design.
and we found that the drainage pipe are too narrow and should use a larger pipe.
b) what should the supervisor do? can the contractor refuse to reponse?
c) is it a CE for changing the pipe?
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Can anyone help me to answer this question? Thanks
W1, 2 and 3? Something isn’t right there. It should be one of those; can’t be all. But that’s not directly relevant to this question.
On the CE in a) - that does not sound like a CE to me. See clause 14.1 - acceptance of the design does not relieve that Contractor of their responsibility.
In b) - If you can show the design doesn’t follow the Scope / law, notify a Defect. If not, nothing because it’s in accordance with the Scope.
In c) - Depends on the above answer
Agree with “andy.thompson”, not a CE as the submitted design did not meet the required legislation/law (Cl.11.2.(6)). This is by default a Defect until the design is corrected, and resubmitted for acceptance to the PM. The Contractor needs to bear the costs of not complying with the building regulations (law) present at the time.
Therefore, for b, if we find the contractor is following the scope, it should be a ce?
To be clear - our situation here is:
- Contractor has installed drainage
- The drainage complies with the Scope
- The Client now wants a different drainage arrangement
If I’m right, you will have to instruct a change to the Scope. That would be a CE.