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Construction Law/Meeting client's requirement


I have a supply and construct MEP sub-contract where specifications for a certain piece of equipment cannot be met by the listed manufacturers in the contract or any other manufacturer for that matter.
Submittals were made for three different manufacturers being X, Y, and Z and in that order. X supplier was rejected, Y supplier was rejected, and finally Z supplier was also rejected. This process took 1.5 years. The client now realizing the specs could not be met have requested that we go back and resubmit the supplier X and is asking for cost savings for each deviation from the specifications.

We have the following questions and concerns:
1- is the client entitled to such savings?
2- manufacturer X is not on the vendor list while Y and Z are on that list.
3- Manufacturer X have increased his price drastically since we first negotiated the price and asks for some 50% increase, so are we under the circumstances entitled to a variation if we were forced to supply only from that manufacturer?

Your views are highly appreciated.

Dear Riad,

I sincerely apologize for the delay in answering your question.

My answers to your questions would be as follows:

1. The Contract would be subjected to the resultant cost implication whether positive (cost savings) or negative (additional cost) as the change in either specification or manufacturer would amount to variation.
2. I am sure your contract will have terms and conditions and also define the scope of "powers" of Engineer or Employer to make changes and or give approvals. If you have such as most contract have, then, your Employer may be relying on this to order the change notwithstanding whether the "X" in on the vendor list or not. What matter is that; if the employer instruct such and agree to abide by the resultant time and cost implication (if any can be proved)
3. If the time between when you got the price from "X" is different from the time you got the approval and now ready to order and consequently, the prices has changed, then, you just have to notify your Employer and confirm if you can go ahead with the changes and proceed with "x" on the basis of the updated price. If you get the go ahead, you would be entitled to the variation using the updated price.

Hope the above helps?


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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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