You are here:

Construction Law/Design and Build Contract

Advertisement


Question
What would be the significance of a Contractor's proposal included in a Design and Build Contract Document if the Contractor claims he suffered additional cost and delays, as he could not proceed as per his proposal, which he submitted was developed based on the findings of the investigations the Employer had carried out.

The Contractor's submission appears to be that he has fully relied on the opinions given by the Experts in the investigations report [would this help in view of Sub-Clause 4.9- Site Data?]

I am deeply indebted in advance for you valuable answers as usual.

Answer
Dear Alemu,

Thanks for your question.

Though your question is not specific as to the findings and investigations you are referring to, but, nonetheless, i will answer your question on the general principle under which Design and Build contract operates.

Contractor is absolutely responsible for his proposal under the Design and Build Contractor because, the contract principle understands that the Contractor has duly considered the Employers requirements and based on satisfying himself in achivability of the Employers' requirements, he has forwarded his proposal and cost which the Employer has accepted and agreed to under the contract. As such, if the Contractor has been found erroneous in his proposal or understanding of the Employers requirement and his proposal needs further adjustment which is now resulting to variations, the Contractor will bear the implication thereof whether time or cost or otherwise.

But should the Contractor able to prove that the Employers requirement is erroneous and that such errors were impracticably impossible to be checked and confirmed during the tender stage, and therefore he has relied on the data and information, then, he may be exonerated. Otherwise, it is entirely the responsibility of the Contractor to carry out verification and confirms all data except where specifically not required or impracticably impossible but to rely on the Employers' requirement.

Hope this clears your doubt?

Femi

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Femi Alofe

Expertise

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

Experience

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.

Organizations
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

Publications
1. AACEI RP on Estimating, 2010

Education/Credentials
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

©2016 About.com. All rights reserved.