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Construction Law/Compliance with laws clause 1.13

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Question
Hello Jonathan,

Good day. We are the Consultant of interchange bridges. The form of Contract is based on For Building and Engineering Works designed by the Employer. 1999 1st Ed.

The location of the interchanges are outside the project and it is in the area of the road/highways which the Minstry is responsible/owner. Our question is the following:
1. Is the Contractor responsible for obtaining the approval of the contract drawings from the Ministry, since obtaining the works permits is tied to the approval of the drawings.
2. Prior to start the works the, The Contractor is responsible for the confirmation of the Soil bearing capacity as per the assumed SBC of the design. The Ministry required the Contractor to confirm all the SBC as it basis for the approval of the Drawings.

3. Sub clause 2.1   in our situation since, upon approval of the work permits, it is only we can say that the Contractor can start its work and can have possesion of the Site.

Thanks and regards,

Answer
Dear Raul,

Hope you are doing well. Apology for later reply as I am in very remote area in Asia and the internet connection is not really strong and very unstable.

Depends on what is written in the contract and the law.

If the contract states the Contractor shall be responsible for obtaining approval of drawings from the Ministry then he will be responsible.

Based on what you have written, Contractor must confirm SBC.

This is why it's important to clear and confirm all issues regarding permits during tender stage to avoid issues that may delay the project during execution.

Regards,

Jon Peralta  

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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