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Construction Law/Change in Scope in Design and Build Contract


We were recently given a design and build contract for a school the brief stated two story structures, however upon extensive review it was discovered that in order to facilitate all aspects/accommodation as per the design brief three story structures would have to be built. Are we entitled to claim additional cost for the works

Dear Ronald,
Thank you for your question. My initial response will be without having gone into full details of the case is that first you have to go through Employer's requirement on the basis of which you submitted your bid proposal on the design build format. This will indicate if three story construction now perceived at construction stage is a variation or not. In all fairness, it appears to be a variation and its quantum in principle can be worked out by comparing Employer's requirement with what is proposed now in the three story construction. I hope it gives you some idea how to proceed further and shall be glad to answer any query if you still have.

Liaqat Hayat

Construction Law

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Liaqat Hayat


I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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