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Construction Law/Design and Build Claim

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Question
"Good Evening
This Question deals with design and Build Contracts
A contractor is as to bid on a design for a three two story structure which he does.
Upon his getting access to the site it was discovered that based upon the clients brief and the actual site conditions all the rooms that were required could not be accommodated within the two story structures, therefore two of the structures would have to be three story structures.

The question therefore is can the contractor claim for additional design fees and additional costs due to addition works to buildings ie. substructures, framing etc.

Thanks"

Answer
Dear Roland
Thank you for your question.
It appears that Employer's requirement(FIDIC 1999) were not adequately described or let us say there is an error in Employer's requirements to start with.My first query in that case is if a notice for such an error was given as per clause 1.9 or not within prescribed period of 28 days? If so,The Engineer ,thereafter, is to make his determination as per clause 1.9.Please update on this to conclude my opinion on the matter
Regards-liaqat hayat  

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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