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Construction Law/design and implementation contract


QUESTION: Dear R.Sivaraman;
I hope you're fine

I am working at contracting company in Saudi Arabia, our contract is "design and implementation",

** Knowing that the contract drawings have the priority on the contract BOQ.
** Re measurable contract (unit price).

the case is:
- conflict with the consultant about the items which already mentioned in the contract drawings but not mentioned the contract BOQ.

how I can deal with that items? is it in our scope (As a contractor) or not?

Many Thanks to you
Best regards :)

ANSWER: Dear Mr Anas,
in the design build contract, only the concept drawings and owner requirement are given. The detailed engineering is done by the contractor. so, the BOQ is likely to increase or decrease.
The drawings supersede the BOQ.
Whatever is shown in the drawing is well wihtin the scope. the contractor has to execute the work without extra cost. In the design build contract, the BOQ is normally referred only when the de-scoping is done / additional items are added and to determine the payment release method.
I hope i have clarified your doubt.
R Sivaraman

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

QUESTION: Dear Mr. R.Sivaraman;

I would like to thank you very much for your response;

In fact our contract drawings include details (Ex. DBs, MDBs, Sockets, insulation, pipes, LC systems, LV systems, reinforced slabs, foundations, furniture, all finishes etc...), it's not only conceptual drawings! (attached screen shots )

if i have to comply with all whatever shown in the drawings, then; why i have to develop a "design" drawings !
How that consistent with the idea and principle of the contract (design and build)?

Many Thanks to you
Best regards :)

Dear Mr Anas,
Sorry for responding late.
In a design and build contract, the concept drawings are given to convey the concept, design approach or theme. For more clarity and better pricing, the concept drawings will also ourline the design intent at the macro level without doing any load calculations, code reference and check for design adequacy. The client is expecting the design and build contractor to do this part. By accepting the contract, the design buuld contractor agrees to take the risk of quantity variations and design changes arising due to detailing of concept design, complying with codes, government laws and check for design adequacy. I hope that I have clarified on the purpose of 'design'  drawing in a design and build contract.
r sivaraman  

Construction Law

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