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Construction Law/Subcontract packagaes

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Question
Dear Wael,

We are engaged as a Fit-Out Subcontractor on a Lump sum contract. The project has many other subcontractors involved including cladding, MEP, etc.

We have a dispute ongoing regarding items which are not clearly established under who's package.

To exemplify, the Engineer is pushing us to execute an internal cladding system which was vaguely mentioned in one of the tender drawings. Since, clearly this is cladding system, and this item was not included in our BOQ, we did not price it assuming that it falls under the Cladding subcontractor. The Engineer refuses our justification.

I believe that as a Subcontractor in a project involving many other Subcontractors, the item has to be clearly defined under who's package it falls. Please advice on how to confront this issue.

Thank you for your co-operation,

Answer
dear Mohammed
you need to proof that the aid item is not part of your  contract. Please note that it does not help you to proof that it is part of different package.
You can always argue that there are many items shown on the drawing that is not part of your work. It could be there for explanatory reasons.
good luck

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Wael Ghadban

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Will respond to queries related to Engineering Contracts subject to FIDIC or other Conditions, tendering and contracting, project management, residential and commercial construction, and general Civil Engineering questions. Can answer most questions related to aviation and airports as related to the Airports, Facility management.

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Project construction and Management Civil Aviation - Airports Airport Pavement Design and Use Residential and commercial construction ICAO and FAA regulation

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MS Civil Engineering

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