Hi there, looking for some advice; we are a Main Contractor engaged to deliver a client design (RIBA Stage 4). The Stage 4 and tender drawings note that the elements of the scope are to match existing - however these are not listed under a CDP item. When we have come to clarify the design (as the drawings did not match the existing built element) the Clients design team have stated that as there was an opportunity to carry out a site visit (which we did) and as we didn’t raise any clarifications at tender we are not entitled to recover the extra cover for the additional costs we are faced with. Does anyone have any experience in dealing with design teams who write to match existing but the drawings don’t look anything like that they have drawn? We have asked the PM to clarify under clause 17.1 and haven’t received clear direction - other than they have rejected our EWN and CEN. Thanks
Richard, first check your Z clauses, there might be an additional condition which makes you fully responsible for such issues, please check and advise.
Under the unaltered contract you are correct to notify an ambiguity/inconsistency, if the PM does not respond within the period for reply notify CE 60.1(6) within 8 weeks of when the reply was due [61.3].
Notify an early warning immediately and instruct the PM to attend an early warning meeting - 15.1 & 15.2.
Without seeing all the detail I cannot be certain but you should look at notifying a CE under 60.1(14) - see clause 80.1 3rd bullet - a fault in the design in the Scope provide by the Client, again must be notified within 8 weeks [61.3]
The comment from the ‘Client design team’ - unless these people are the named PM in the contract you should not be communicating with them, their communications to you stand for nothing under the contract, you must communicate with the PM & Supervisor and ignore other communications.
With regards to their statement about site visit, etc, that would be relevant if you were claiming a CE under 60.1(12) because 60.2 refers to a visual inspection at the Contract Date, that means at the date you sign the contract not tender. I don’t think this is a physical conditions CE it sounds more like a fault in the design and you should pursue the 17.1, 15.1, 60.1(14) route.
Happy to discuss.