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Discrepancy Between Ts & Drawings

Defamation Law Discussion Forum

Discrepancy Between Ts & Drawings

Postby fu95 » Sun Nov 27, 2016 5:22 pm

Dear,

I am working as Project Manager for construction main transmission pipe line project. In this project there is discrepancy  between the  contract technical specification %26  the contract drawings regarding the final backfill . In the Contract specification there  is  a paragraph stated that the contractor can use the excavated material with specific specification as final backfill. While in the drawing it is clear that the final backfill should be base coarse. Also in the pre bid meeting and  the site  visit   one of the question which was raised in the meeting regarding the type of the final backfill. In our response to the contractors we stated that the final backfill is base coarse material.

Contractor right now is refusing to use base course as final backfill  because of the above mentioned discrepancy since we stated in the contract documents that the priority is for the specification then the drawings. Can we convinced  the contractor to use base coarse as final backfill depending on the pre bid meeting minuets?

Thank you in advance for you response.
fu95
 
Posts: 54
Joined: Sat Oct 06, 2012 9:38 am

Discrepancy Between Ts & Drawings

Postby Wiellaford » Tue Nov 29, 2016 1:29 am

Dear,

I am working as Project Manager for construction main transmission pipe line project. In this project there is discrepancy  between the  contract technical specification %26  the contract drawings regarding the final backfill . In the Contract specification there  is  a paragraph stated that the contractor can use the excavated material with specific specification as final backfill. While in the drawing it is clear that the final backfill should be base coarse. Also in the pre bid meeting and  the site  visit   one of the question which was raised in the meeting regarding the type of the final backfill. In our response to the contractors we stated that the final backfill is base coarse material.

Contractor right now is refusing to use base course as final backfill  because of the above mentioned discrepancy since we stated in the contract documents that the priority is for the specification then the drawings. Can we convinced  the contractor to use base coarse as final backfill depending on the pre bid meeting minuets?

Thank you in advance for you response.
Wiellaford
 
Posts: 41
Joined: Sat Jan 11, 2014 7:54 am

Discrepancy Between Ts & Drawings

Postby emek » Sun Dec 04, 2016 12:07 pm

Hi Ziad,

Reference made to FIDIC 87-92 clause 5.2, Priority of Documents, If in particular conditions of contract under this clause it is mentioned that Drawings supersede Specs then Contractor shall use Base Course otherwise he has a right to use second material.

well above is a balance approach, to use FIDIC in favor of you, you shall under clause 13.1- write to contractor that he shall act on Engineer's instruction as stated in MOM- see clause 13.1- The contractor shall comply with and adhere strictly to the engineer....his delegates"

Regards,

Nas
emek
 
Posts: 53
Joined: Sat Apr 02, 2011 4:06 am


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