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Construction Law/PI for Cladding Works


QUESTION: A Contract under execution for the construction of a commercial building in the UAE, stipulates provision of PI Insurance by the Contractor for 'Contractor Designed Works'.
The Contractor's scope of work consists of carrying out construction according to design and IFC drawings issued by the Engineer.
However, detailed (or shop) drawings involving installation of items like metal/stone cladding/ glazing etc. have to be prepared by the specialist subcontractor in accordance with the general arrangement contained in the IFC drawings.
For such elements contained in subcontractor's shop drawings, like framework/fixtures etc., subcontractors usually rely on their standard in-house designs.   
The Contract further stipulates that 'part of the Permanent Works Designed by Contractor' shall have to be approved by the Engineer.
Kindly advise whether works such as supporting frame/fixtures necessary to install cladding/glazing shall fall under 'Contractor Designed Works' or 'part of Permanent Works designed by Contractor', and shall make the subcontractor, and thereby the Contractor, liable to furnish PI Insurance for such works.

ANSWER: Dear Sarvesh,

If the Contract specifies the need for PI, then it must be provided for anything which is not designed by the Engineer, even if they are standard in-house designs.  

---------- FOLLOW-UP ----------

QUESTION: Thanks,Peter for your response, which should help us determine ours to the Engineer.

However, the query was essentially prompted by:
a) extending the interpretation of 'Contractor Designed Works' to include elements of facade work by the Engineer, not being a common practice here;
b) post-tensioned slabs only typically fall under 'Contractor Designed Works'; and
c) metal/glass cladding is considered a non-load bearing element like brick cladding.

Kindly advise if you would you revise your opinion in light of the above.

Thanks & regards

Dear Sarvesh,

(i) Whether or not it is common practice is irrelevant.  What does the Contract require?
(ii) So? What does the Contract require?
(iii) It may be non-load bearing but metal/glass cladding has a habit of falling off buildings and killing people.  Who is responsible for supporting the survivors? Google 'falling  cladding' to some idea of the problems.  

I think that it is very sensible to put the responsibility with the designers, even if they are using standard in house designs.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


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