Construction Law/Construction drawings
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 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.