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Construction Law/Problem with supplier


Hi Mr.Wael,
We are a MEP subcontractor in Abu Dhabi. We recently got a project on Al Ain.We have started the projects 5 month back, and as usual we have proceeded with material submittal especially the long lead items .which were almost approved except the chilled water pump submittal.
The consultant gave his comments to the supplier who kept silent for more than 2 month although our several reminders to him by email.
two days back we got a replay from him that the model of the pump is no more available in the market and the manufacturer of the pump have come up with a better pump than the existing and his quotation are no more valid.
The sequence of events as below:
First submittal: 13 Jan 14
Consultant Comments on submittal: 03 Feb 14
Comments sent to Supplier: 09 Feb 14
6 Reminders were sent to supplier by emails
Reminder #6 : 27 Mar 14
Reply from Supplier: 09 Apr 14
We are as MEP contractor in trouble now. The cost of the pump has increased and the re-submittal and procurement of the new model will take 5 month more (1month for approval + 4 month procurement) which may delay the project handing over to the client.
Is there is any way out of this trouble with the client and main contractor? If not, how can I charge the supplier with all of these delays?
Thank you in advance for your prompt replay

Dear Abdo
I assume that you don't have an agreement with the supplier. Usually nobody does.. then it wouldn't be possible charge the supplier with the delay.
I think you best bet is to contact the consultant and find solution out of this mess by explaining that you acted in a good faith and your intention is to complete the job. Note in cases like this, an alternative to the specified material is a viable option
Good luck

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Wael Ghadban


Will respond to queries related to Engineering Contracts subject to FIDIC or other Conditions, tendering and contracting, project management, residential and commercial construction, and general Civil Engineering questions. Can answer most questions related to aviation and airports as related to the Airports, Facility management.


Project construction and Management Civil Aviation - Airports Airport Pavement Design and Use Residential and commercial construction ICAO and FAA regulation



MS Civil Engineering

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