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Construction Law/Tender design and drawings according to Fidic Red Book

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Question
Dear Sir,
In order to prepare a tender documentation according to the Fidic Red Book, what should be the details of drawings and design for a hydropower project? Is there a need of delivery of the temporary structures design such as camp buildings, water supply electricity to the tunnel? or the documentatiton covers the design of permanent structures (such as tunnel, shaft, dam etc). do ve have to specify the Contractor's requirements to perform the construction such as number of workers, machinery, crane, number of cars, trucks etc.

Best Regards,Aldonat Köksal

Answer
Dear Aldonat Koksal

Thanks for the question although it was in the pool. According to FIDIC Red Book, the responsibility for design rests with the Employer. The Employer is supposed to provide drawings and other documents forming part of the Tender is sufficient detail to enable the Bidders to prepare their bids by putting a price against the items mentioned in Schedule of Prices (BOQ). In case sufficient details are not provided at the bidding stage then due to limited information the bidders will not be able to price the items correctly and will finally lead to claims and counter claims and disputes. So you have to provide sufficient details for each component of the project whether major or minor, mentioned in your question. However those details can be provided later in the construction/ shop drawings which will not change the nature of work required to be executed.

As for as specifying Contractor's requirements is concerned, the Employer may assess the requirement of Plant and machinery for the project and may specify a minimum requirement necessary for the completion of the project and to make himself satisfied with the state of mobilization of the contractor.

I would like to add that proper format for such Hydro-power project is the EPC/ Turn Key format where the Employer only gives his Requirements regarding the final outputs in sufficient details and the constraints under which the contractor has to execute the project. The rest is left to contractor to design and get it approved from the Employer before execution.

In a nutshell I would recommend to use the EPC/Turn Key format and not the Red Book. I hope the question is answered. You are welcomed for any further clarifications.

Regards

Abdul Majid Khan  

Construction Law

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Abdul Majid Khan

Expertise

I am interested in questions related to time Extension, Liquidated Damages,variations, price adjustments,payments, disputes and Dispute Board under FIDIC IV, FIDIC 1999 and FIDIC 2006 Harmonized Documents.

Experience

I have been heading the Construction Management Division and Contract Divisions of National Engineering Services Pakistan (PVT) Limited, NESPAK, the largest Consulting Engineering Firm in Pakistan, for more than seven years and two years respectively. I have also worked as "The Engineer" on a number of projects. I have been working in Saudi Arabia for about seven years on a road projects. Additionally I worked as Arbitrator and am member of few Dispute Boards in individual capacity on Asian Development Bank funded projects.

Organizations
Inland and in Middle East. I have worked with National Engineering Services Pakistan (Pvt) Limited (NESPAK)as my Employer for more than 27 years in Pakistan. In Saudi Arabia I worked for Rashid Engineering, Consulting Engineers during 80s. After retirement I provided advisory services to NESPAK on technical and contractual matters to its various divisions and lately I was appointed as Advisor to Managing Director NESPAK on Technical and Contractual matters. Currently I work as Free Lance Contract Specialist on Fidic Form of Contracts.

Education/Credentials
I am a graduate with a B.E (Civil Engineering) degree. My year of graduation is 1970.

Awards and Honors
A few appreciation Letters and Honorariums during my service in NESPAK. I remained member of Administrative Committee and Board of Management of NESPAK. I had been part of the Management Committee in the absence of Managing Director.

Past/Present Clients
Most of the Clients used to be Government Departments, Corporations and Authorities. In Saudi Arabia the Client was Ministry of Communications. As Arbitrator and Dispute Board (DB) member, I provide services to various Government Departments and Contractors.

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