Construction Law/Discrepancy in the Structural drawings
I would like to request you to clarify the issue of the discrepancy at the drawings according to FIDIC 1999 red book as per detailed below:
I would like to inform you that we are as contracting company entered before 18 months a contract with the Employer to perform a project the project is divided to three phases and sections each section is having its own completion date and liquidated damages in case of delay beyond the time limit. my question is related to the following case that during carrying out phase 3 works ,that is in the time sequence and order coming as agreed and mentioned in the Appendix to Tender after the completion of both phases 1&2, we noticed the following:
1- phase 3 works it is a special demolition and concrete breakout for a strip of the deck slab at Wharf then concrete reinstatement to prepare the slab to be capable to take the loads of new crane rail of 140m.
2- at the Architectural drawings and the setting out plan defining the extent of the concrete breakout works the width of the strip was mentioned " extent of concrete breakout =6.5m"
and in all the structural drawings it is also mentioned " the extent of the concrete breakout =6.5m" while in one of the drawings we noticed that if we make summation of the dimensions the total width will not be equal to 6.50m it will be more by 400mm; therefore we raised a Request For Information to clarify the issue structurally and the Engineer revised 10 drawings accordingly to have the extent of breakout and concrete reinstatement changed and larger to be 6.90m .
3- we as a contractor notified the Engineer within 28 days from the issuance of the revised drawings with additional cost and then submitted the particulars and details for the claim.
4- the Engineer rejected the claim justifying that we have not notified him within the 28 days from the issuance of the For construction drawings ; and therefore he believes that we are entitled for additional cost.
5- we believe that the Engineer's rejection is not in compliance with the FIDIC.
Finally please clarify the issue in pursuant to FIDIC 1999 Red Book.
You dont need to notify the Engineer of anything regarding the issuance of (For construction drawings. Your notification is only required when you were issued the revised drawing which included additional works.
Please stick to your position as you are totaly correct.