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Construction Law/Consultant Design faults


Dear Mr. Elliott
I am Handling a Fidic (2005),Construction Contract While execution some large span slabs sagged after striking formwork.The contractor stated that the design responsibility is totally the consultant responsibility ,however the contractor used to submit design review calculations.
Now as per the above explained up to what limit can the contractor be responsible for the design.

Dear Mohamed,

Generally, the Contractor has no responsibility for design faults.  However, something may have been included in the Specification or Special Conditions, which transferred the risk to the Contractor.  When did the Contractor do a design review, before or after the sagging?  Why did the Contractor do a design review?  Were any comments made regarding the adequacy of the design.  Why did the slabs sag?  It could be due to a lack of reinforcement, or it could be due to inadequate concrete strength because the formwork was released to early?  

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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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