----- Original Message -----

From: suraj chand

To: sam99@eim.ae
Date: Tue, 07 Oct 2008 18:09:05 +0400
Subject: [No Subject]
Dear Dr Sam,
 
Kindly clarify the following issue :
 
Our Company, an Interior Fit-Out contractor, finished an Interior Flooring  for a restaurant in a
high rise building. However during rainy season, due to the water seepage through the Aluminium
glass Panels, the flooring got damaged .  Now the Main Contractor is demanding to replace the
damaged floor at our cost.
 
The Main Contractor had confirmed that the defect is because of their faulty construction , but are
unable to make a claim from Insurance because the claim is less than the minimum value for
Insurance claim. Because of this the Main contractor wants us to replace the floor at our cost.
Please comment on this as to whether we are liable for this or not. Do we need to replace the
damaged flooring for no fault of ours. The contract is a nominated one.
 
Your valuable reply would be very much appreciated.

Generally, Main Contractors inform their subcontractors regarding the deductibles/excess in their
insurance policies and require the Subcontractors to procure their own insurance to cover such
deductibles/excess. If this was the case in your project, then you are liable to replace/repair the
damaged flooring. If not, then the Main Contractor should pay you for doing that.

Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

 
Regards
 
Suraj
----- Original Message -----
From: Nabil
To: sam99@eim.ae
Date: Sun, 28 Sep 2008 12:33:36 +0400
Subject: RE: Q&A

Dr Sam, 

I was part of your June 2008 class and kindly ask if you could answer this scenario for
me 

During tendering on a project the BOQ had an item for backfilling – it noted the
following: 

Backfilling with selected materials and well compacting in layers: as specified 

 -          Any depth                  1              m3          Rate only                             (noted in tender BOQ)

 The Estimator when pricing did not put excluded and did not put a rate in, Partly due to
the fact that it was not noted on the drawings that backfilling was required and that there
was not backfilling and compaction detail in  the Structural Specification.

In the Contract BOQ the following was noted and the contract was signed on this basis; 

-          Any depth                  1              m3          included.

 Now the when analysing the works for construction it was determined that
approximately 10,000 m3 was required for backfilling.

 Where do we stand in claiming for these works in a lump sum FIDIC contract? Can we
claim the extra over quantities over and above 1m3?

You do not explain why back filling became necessary at a later stage. If it is due to a
variation then you can ask for payment.

Generally, tenderers are required to obtain information for pricing tenders not only from
the Drawings and Specification, but also by visiting the Site. Although from the
Drawings and Specification you could not have foreseen the necessity of back filling, if a
site visit could have revealed the necessity, then your lump sum price is deemed to be
inclusive of the cost of such back filling. If however you can demonstrate that it was not
practical to visit the site or that you were not allowed to visit the site, then you may still
have a valid claim for payment.

Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

 Thank you

 Nabil Habbouche

----- Original Message -----

From: rabbay alam alam
To: "Prof.Sam" <sam99@eim.ae>
Date: Sun, 28 Sep 2008 10:23:55 +0000
Subject: Claim for Not Getting Building Permit

 
Dear Professor Sam,

I was a student of September 2008 session-Sound Contract Administration. I would like ask one question related to 
Financial claim.

Situation is :  A contractor signed  A Construction of Office building Project  in the months of June but  upto 5 months,
Consultant /Employer could not received the building permit for the project from Dubai Municipality.
                    But after 3 months of signing of contract, the  Contractor  got the demarcation permission as well as
mobilization permit from Dubai municipality.
                  Contractor recruited manpower for  project within a month. After mobilization due to some comments on
drawing , Consultant /Employer could not get the Building Permit for next three months from Dubai Municipality .

                    Can the contractor claim for idle resources, Recruited manpower  & idle sitting Manpower in Dubai etc. for
the period of not getting the building permit after signing the contract.

You appear to have a valid claim, but you will also have to demonstrate why you kept those resources idle at site without
deploying them on your other projects etc. in order to show that you discharged your obligation to mitigate costs.

Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Thank you Sir,

Regards,
Rabbay Alam

----- Original Message -----

From: Suvarna
To: sam99@eim.ae
Date: Sun, 05 Oct 2008 17:40:57 +0400
Subject: Urgent query

Dear Prof. Sam,

 I had attended your January 2008 session-Sound Contract Administration. Thank you for
your frequent updates (Q&A) which has helped us tremendously. I have a query which need your
advise. ……………………………………………………………………

………………………………….

…………………………..

 Please advise. (Please do not forward the reply to everyone as we want this issue to be discreet
especially to the main contractor.)

This forum can be used to ask questions which are of academic interest and of benefit to all
Alumni of the course. For exclusive advice, your company should make a professional
consultation.

Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Thank you

Regards

Suvarna Kudchadkar

----- Original Message -----

From: "arunachalam.murugan"
To: sam99@eim.ae
Date: Wed, 08 Oct 2008 14:41:27 +0400
Subject: AIQS APC LOG- ARUNACHALAM- 17 APR08 TO 16 OCT 08.

Dear Dr.Sam

 Thank you so much for being in a continuous touch with us and sharing very useful
Q&A’s.

 I have shared my experience and knowledge gained in spring 08 with one of my

colleagues (Mrs. Latha) which made her enrolling for the July 08 session with you. Now
we together are sharing our experience to others. We hope to get our other colleagues
as well benefited like us.

 Thank you. Keep up the good work !

Regards,

Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Quantity Surveyor and Registered Arbitrator / Expert
Australian Inst.of Qty.Surveyors-Middle East Representative
PO Box 23461, Dubai, UAE. T +971504588949 F +97143378668

Thanks & Regards

Arunachalam Murugan

Quantity Surveyor

De leeuw Middle East