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Construction Law/design modification by contractors

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Question
Dear Sir,

I have a project with 3 parties involved, client+consultant design and supervision + contractor.

the contractor need for his benifit to add a bean carring the MEP works in a sepesified area.

the consultant request from him to hire approved thirdy party.

the client believe that it is the responsibilty of the designer to review the contractor proposal not the third party.

could you please advice if there is any thing in the construction law arrange this relation and proof that if the contractor want to add or modified anything  to make his work easyer he has to hier athird party to review and stamp the design of this specified part.

thank you

Answer
Dear Mohamed,

Thank you for this question.

The form of contract will dictate. I assume that it is an Employer design contract where the contractor has no design liability. On this basis, irrespective of whether or not the contractor engages a third party designer, the Employer will take ultimate design liability unless the change falls within a contractor design portion.

As the change is for the contractor's benefit, the Employer may be able to charge to the contractor all costs, including any charges from his design consultant, associated with approving the change.


I hope that this assists you.

Kind regards,
John Dowse

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Construction Law

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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