Q3

An ECC Option C design and build contract has been awarded for the construction of a new
pedestrian bridge between two shopping centres. The period for reply is 2 weeks.

The Contractor submits the design for a steel floor to the Project Manager for acceptance.
The Scope provided by the Client was not specific regarding the type of flooring to be used.
The following day the Client informs the Project Manager that there is now a likelihood that a
marble floor will be required.

a.

Upon hearing the Client is considering a marble floor, how should the Project
Manager manage this matter with the Contractor?

[4 marks]

Within the period for reply for the design submission for a steel floor, the Client tells
the Project Manager that a marble floor in the bridge is definitely required.

b.

Assuming the Contractor’s design for a steel floor complies with the Scope and the
applicable law, can the Project Manager not accept it? If so what are the implications?

[6 marks]
 Q3
3 weeks after the Contractor submitted its design for a steel floor it still has not had a
response from the Project Manager. The Accepted Programme shows the design acceptance
is needed the next day, otherwise the Contractor starts to incur additional costs due to the
delay. If materials are not ordered imminently a window of supply will be missed, resulting in
considerable delay to the project.

c.

What should the Contractor do in this situation?

[7 marks]

On a separate issue, the Scope provided by the Client specifies all exposed steel is to be
painted in a specific shade of purple. The Contractor accidentally typed in a wrong product
number when ordering, meaning that blue paint is ordered instead of the required purple
paint. The wrong product number was referred to on the Contractor’s design and subsequent
revised programme, both accepted by the Project Manager. Half of the bridge is painted blue
before the Supervisor notices this and notifies a Defect to the Contractor.

d.

The Contractor argues there is no Defect as the design and revised programme were
accepted by the Project Manager, clearly showing blue paint. Is this a Defect and
explain your answer?

[4 marks]

During a visit to the Site the Client’s Chief Executive decides that the contrasting blue and
purple is acceptable and advises the Project Manager to make this happen.

e.

What is the process for accepting a Defect? How is this dealt with financially?

[4 marks]