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We are using Old Fidic Construction Contract.

The following 2 clauses concerning construction drawings are confusing me.

30.3   Except where otherwise  provided  in the Special Conditions of Contract (SCC),  within 30 days of the signing of the Contract, the Engineer shall  provide to the Contractor,  free of charge, a copy of the drawings  prepared for the implementation  of tasks as well as two copies of the specifications  and other contract documents. The  Contractor   may  purchase  additional   copies  of  these  drawings,   specifications   and  other documents,  insofar as they are available.  Upon the final acceptance,  the Contractor shall return to the Engineer all drawings, specifications  and other contract documents.

42.1   The Contractor shall submit to the Engineer for approval:

(a)     Such  drawings,  documents,  samples  and /or  models  as may  be specified  in the contract within the time limits laid down therein or in the program of implementation of tasks;
(b)     Such drawings as the Engineer may reasonably require for the implementation of tasks.
(c)     In the case of bridges and other  reinforced  concrete  structures,  the Contractor  shall carry out the requisite soil surveys  before commencing work on the foundations.  The Contractor must  submit  the  results  of  these  surveys  and  the  calculations   for  the  foundations,   in triplicate, to the Engineer at least one month before commencing  construction  of the works in question.
(d)     The Contractor shall  prepare, at its own expense,  all design and construction  drawings and other  documents  and  objects  necessary  for  the  proper  execution  of the Contract,  and  in particular  drawings  and design calculations  and the reinforcement  drawings  for reinforced concrete structures. The Contractor shall submit, in triplicate, construction, design and reinforcement  drawings,  design  calculations  and  any  other  documents  or objects  it i s to provide for the Engineer 's approval at least one month before commencing  construction  of the works in question.
Within  15 days  of  receiving  the  drawings,  design  calculations,   objects  and  other  documents required  under  (c)  and  (d),  the  Engineer  shall  return  them  to  the  Contractor  with  either  his endorsement or his remarks.
42.2   If the Engineer fails to notify his decision of approval  referred to in GCC Clause 41.1  within the time limits referred to in the contract or the approved program of implementation of tasks, such drawings,  documents,  samples  or models shall   be deemed  to be approved  at the end of the time limits specified.  I f no time limit is specified,  they shall  be deemed  to be approved  30 days after receipt.
42.3   Approved  drawings,  documents, samples  and models shall  be signed  or otherwise  identified  by the Engineer and shall not be departed  from except as otherwise  instructed  by the Engineer. Any Contractor's  drawings,  documents,  samples  or models which the Engineer fails to approve,  shall be forthwith modified to meet the requirements of the Engineer and resubmitted  by the Contractor for approval.  Within 15 days  of  being notified  of  the Engineer 's remark , the Contractor  shall make the requisite  corrections,  adjustments  etc. to the documents,  drawings,  design calculations etc. The corrected  or adjusted  documents,  drawings,  design calculations  etc. shall  be resubmitted for the Engineer 's approval  under the same procedure.

The contract is a construction contract, the Employer/Engineer is responsible for the design. There is not provision for the cost for Contractor's design. The SCC has not amend any of the above clause.
The Engineer has provided complete drawings for the structural works but a very basic conceptual drawings for all M & E works. For example, the drawings given for fire fighting and electrical works only show the points of the fire/smoke detectors and lighting points. The Engineer wants us to submit design for all M & E works, including Air Conditioning, plumbing, fire fighting, electrical works. There is no mention in any other part of the contract that require us to do these design and we have also make no provision in the contractor for such design work.

Please advise what shall we do? These two clauses seem to be contradictory. The contract is a construction contract and the Employer/Engineer is responsible for the design and why Clause 42.1 exist please explain.

Thank you

Answer
Hello Wong,


Thank you for yoru question.

In general, if you get the Detailed Design, you are to provide the Workshop Drawings/ Working Drawings.

Since the M&E part on;y included some conceptual drawings, it is highly likely that somewhere in the Bidding Documents, or somewhere else, there is a provision saying the Contractor must design that part.

Suggest you check again all Contract documents.

As well, please check how did you priced that part if you did not have anything else but some conceptual drawings.

Based on received Information I can not give a better answer, but once you check these, you are always welcomed to come back with some additional details, I will gladly help to further develop the answer.

Look forward hearing from you.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

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