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Construction Law/Change in Villa Design due to authority instruction g

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Question
Subject: Change in Villa Design – Design changes
Project: Construction of 500 Villas
Contract: Design & Built
Location: UAE
Contract: Bespoke
Dear Mr. Wael Ghadban
Background of the issue:
During the inception stage, Client approved a mockup villa (in different emirates). The Contractor priced the project in line with the tender documents (master plan and approved drawing – Mockup villa Plan). Based on the approval by the client, the Contractor developed the Villa design and when it was submitted to the Local Municipality approval (different emirates) the authority rejected the design and asked the Contractor to change the design completely, saying that it does not match up with the local custom. The GFA as per old design and new design remains same. Municipality hasn’t introduced any new design. Client tried to convenience the Municipality and lost. Due to the instruction by the authority the Contractor suffered a
1.   Delay (EOT & Prolongation cost)
2.   Additional cost due to redesign and
3.   The construction cost (Increase in structural quantities of the villas as per the new design)
Contract Conditions: (usual one)
1.   Contractor should comply with all authorities regulations and the project budget must not vary
Question: Whether we (contractor) is entitled for the above claim
Regards
Mike

Answer
Dear Mike
it is usually the contractor who takes all the blame but in your case it is clear that the contractor should comply with the local authorities and he should gets all the needed approvals.
This duty of the contractor contradicts with any claim of EOT, nevertheless, he might be deserving some compensation if such review of the municipality takes more time than the normal provided that the delay is not because of the contractor's actions.
Cheers

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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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