Continue to Site

Eng-Tips is the largest engineering community on the Internet

Intelligent Work Forums for Engineering Professionals

  • Congratulations IDS on being selected by the Eng-Tips community for having the most helpful posts in the forums last week. Way to Go!

Drawing without Technical Specifications

Status
Not open for further replies.

RJul

Mechanical
Jan 13, 2024
1
Hello,

I have a situation where a piece of equipment was tagged in a drawing but without specifications in the project manual. No questions were asked during a competitive tender process because all contractors missed it. The consultant is now trying to invoke a clause in the contract that basically says "If drawing and specifications are provided use them together, if not use either the drawing or specifications to provide a price". Is this clause enforceable? In my opinion, it is ambiguous. A change order was issued now that the specs were provided but now they are asking for a credit based on the clause. Please advise.
 
Replies continue below

Recommended for you

How was it specified on the drawing? As a specific product? or as having certain requirements? Did you provide what was shown in the documents? If they provided the information on both the drawings and specifications then you have to use this information. If they did not, then you should use either the drawings or specification, at your choice.

If there is a change order or contemplated change order, you price the change including for your added time, possible delays, whatever fair price the revised equipment costs, and any other incidentals. There may or may not be a credit. My experience with contractors (large number) is they know how to increase costs legitimately when it comes to COs. There may be a credit, albeit reduced.

Have you identified the equipment you intend to use? If not, using the product requirements can you source the least costly one and use that as a price to compare the new specified equipment. My experience is that it's not common for Change Orders being a credit.

-----*****-----
So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik
 
A change order was issued now that the specs were provided but now they are asking for a credit based on the clause. Please advise.

Seems to me they need to show that the functionality was included in their bid and the now-specified equipment cost more than their solution. If they missed the functionality in the original documentation and bid, then it seems to me that it's on them for the screw-up, unless they can show that the equipment is superfluous to the original requirements.


TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! faq731-376 forum1529 Entire Forum list
 
I read that the CO was the actual inclusion of a specified product, and the original construction contract would now include for that new provision. I don't know what the requirements of the original equipment was.

The contract still has the original intent and the question, I think, is the difference in supply and installation of what was proposed compared to what is now required.

Depending on the change, there may or may not be a credit, even if the actual cost of the original or proposed equipment is different (greater). There's a cost for all the paperwork, and new coordination etc. on the part of the Contractor.

-----*****-----
So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik
 
Status
Not open for further replies.

Part and Inventory Search

Sponsor