Construction Law/site data
Recently I've been involved in a series of projects (fidic, yellow book, edtiton 1999) and I face a typical problem. Many contractors haven't scrutinized the employer's requirements with due care and after the commencement date raise a question about missing information (in the current case in the design brief the employer has tried to define the design parts which must be produced by the contractor e.g. architectural, structural and etc. but has forgotten to include the electrical part) which an experienced contractor would have discovered.
The question is whether the engineer can respond with disapproval to such claim based on sub -clause 4.10, para 2 "To the same extent, the contractor.........., and to have been satisfied before submitting the tender as to all relevant matters, including (without limitation).
Thank you for this question.
In principle the approach you have suggested is correct; however in practice matters are rarely as simple.
The information you have provided indicates that the Employer has tried to define which design parts must be produced by the Contractor. As the contract form is FIDIC Yellow book the starting point is that the Contractor will design all parts; the inclusion of the information as you have indicated could change this. If the Employer has indicated which parts the Contractor is to design it can be assumed, quite reasonably, that any omission, no matter how obvious, is then outside of the Contractor's scope of work.
Without seeing the documents for myself I suggest that the situation as you have described it could give the Contractor the basis of a valid claim.
I hope that this assists you.
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