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Construction Law/Civil Defence requirements


Hello Femi,
This is from our finished project that already occupied by end user. Client is not yet issued any completion certificate since CDD additional requirement still needs to comply. This is the situation:
The contractor is claiming for additional works due to the changes in the requirements of CDD (e.g. the location of control panel based on the previous design approved by CDD, & when they visit the site CDD found out that the location of the panel is not suited to the room so need to transfer(CDD previously approved)( my point of view, Client hired a competent & qualified contractor & this included the checking of design before it is executed by means of RFI if the design is feasible or not to execute),etc. the design was from other consultant. Now Contracto does not want to execute the changes required by CDD if we did not confirmed their VO claim. Can u clarify this & what are the action i need to take to substantiate my action to decline their claim.Qatar GCOC, LS. Consultants contract was not renewed & no way we can ask any help from them, so as QS i need to do the analysis now. Please help me again.

Thank u again,



Under the terms of the contract, i am aware that, the practical completion / taking over is deemed to have been achieved by Clients' occupation of the project. Accordingly, all the outstanding works and remedy of defects ..etc would form part of the snags and works to be done during the defect liability period. However, in my opinion, the CDD requirement for relocation of Control panel is a new and additional requirement under the contract whether the contractor raised any RFI or not or whether the contractor is expected to have known that the original location was not suited. This opinion would only change if the contractor has not complied with the contract drawings. We do not also know if the drawings that was used by the contractor containing the original location of control panel was CDD approved? If not CDD approved, then, the liabilities still lies with the employer as he has taken risk to offer a job to be done without due statutory approval. Check if the drawings are CDD approved, if yes, then, again, it means the change / relocation is a variation.

Having said the above, if there is any variation on the works, and an instruction was issued for it to be done under the contract, the contract is under obligation to proceed immediately #clause 51# and pre-agreement of the S.I as a variation with additional cost implication should not be a ground for the contractor to immediately comply with the execution of the S.I, otherwise, the contractor would be risking the invocation of clause 63(e) of the GCOC except where the contractor is not liable for the works to be repaired (which is the case here) and in this circumstance, clause 64 would prevail.

Your client would need to be advised to letting him know his contractual position in the matter accordingly.


Hope this is okay.

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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

Past/Present Clients
1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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