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Construction Law/mechanical system work


I want to ask about the item in the Bill of Quantity in the tender according to Fidic 1999 , The part of the item shows that The contractor should supply and apply a pump in order to  mechanical system work , and after  the contractor finished work which required of him everything related  of the mechanical system and finally the contractor supply and apply  the pump as required in the item, It turned out that the system does not work because the pump is inadequate(ineffectual) for this mechanical  system which Described in item .
The question is ;
-   Contractor shall replace the pump with another suitable until in order to work the system ?
-   Or the item will be variation order in order to be the mechanical system work ?

Best Reagards

Dear Shadi,

I assume that you are using FIDIC Red Book and that the Contractor has no responsibility for design.  In this situation, it is the Employer's responsibility to define the works, including the pump.  If you did not have a clear specification for the pump, you should have asked the Engineer to issue one.  Thus the supply of a suitable pump is a variation for which you should get paid, once the Engineer has defined the pump that is needed.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
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.Romanian Proverb 2002
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I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
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The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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