De Jesus, Mary Hope F.

CONSTRUCTION PROJECT CONTRACT ADMINISTRATION

CASE STUDY NO. 01
Instruction: Kindly write a position statement for the following scenario. Please don’t complicate.
The score will be based on the merit of your arguments and construction of your case
study Deadline of submission will be on 07 October 2022 (on or before 7:00pm) Please
upload and send the file through teams.
The Contract drawing indicated 300mm x 500mm floor beam while the shop drawing
approved by the Engineer is 300mm x 700 mm. The Contractor followed the approved shop
drawing. Engineer rejected the Works of the Contractor and instructed to chip the floor beam
by 200 mm deep to allow for the desired clearance. Contractor claimed for additional cost to
chip the floor beam. You are required to assess the claim. Determine the merits of the claim.
(Answers should not be less than 100 words and not more than 150 words)

Based on my assessment, the contractor should double-check the shop drawing, before
1 being submitted for approval, with the contract drawing. If the contractor saw the
(30pts) confusion, maybe there is a possibility that he could consult again before proceeding to
another construction activity. But since it is already approved by the engineer, the
contractor must follow because he is not solely responsible for drawings. Therefore, the
floor beam of 300mm x 700mm is the beam size that was followed and nothing to blame
with the contractor. But the engineer later rejected the Contractor's Works and advised to
chip the floor beam 200 mm to allow the desired clearance, the Contractor is liable to
reimbursement for the cost of chipping because chipping the floor beam means additional
costs and time, and with that, the contractor claims for additional costs to chip the floor
beam.
2 The client employs a consultant to commission the soil investigation, and the soil has passed
(35pts) the testing and recommended to proceed with the construction. Then during the excavation,
the Contractor found out fissures on the soil, who will bare the cost of additional works (if
there are claims)? The contract is lump sum. As the Quantity Surveyor, you are required to
assess should there be claims from the contractor.

Is it safe to say that the expenses incurred for unforeseen difficulties must be considered as
being included in the amount of the tender so much so this is a lump sum contract, and the
contractor has the legal obligation to execute the contract for the price agreed upon, in the
same way as would have been its indisputable right to benefit, if the soil had been more
favorable and easier than foreseen?
(Answers should not be less than 100 words and not more than 150 words)

Since the client hired a consultant to conduct the soil investigation, and the soil has
passed the testing. Therefore, the contractor is not liable to any fissures that been found in
soil during the excavation because he just follows the order to proceed. In this case the
client and the consultant are the people who needs to talk since they are accountable on the
soil investigation and there is nothing to support the claim made by the client.
 Regarding with the expenses incurred for unforeseen difficulties. For me, it is not safe to
incurred and considered as being included in the amount of the tender so much. So, this is a
lump sum contract, the contractor has the legal obligation to execute the
contract for the price agreed upon, since its lump sum therefore the price of the entire scope
of work is fixed and nothing to change about it.
The contractor fails to submit a notice to the Client regarding the delay. Please
refer to the excerpt from the contract as follows:

In the event of a delay occurring which will prevent the Contractor from completing the Works
or meeting any agreed milestones within the Contract Period or any authorized extended
period then the Contractor shall, not later than twenty-eight (28) days after the cause of the
delay, provide all supporting documentation substantiating such delay and extra time
required. The Contractor must also provide full details of the effect on the progress of the
Works, the effect on the other trades or activities, including the works of Nominated
Subcontractors/ Suppliers and the steps to be taken by the Contractor to comply with his
3 obligation to prevent or mitigate the delay.
(35pts)
Does the Contractor lose its entitlement of such cost and time claims?
(Answers should not be less than 100 words and not more than 150 words)

In this case the contractor deficiency is to submit the notice of delay. But for me the
contractor doesn't yet lose his entitlement for cost and time claims since, according to the
excerpt the contractor still has 28 days after the delay to submit all the requirements and
the time needed to cover up the delayed of works. There are several variables also that
cause construction project delays, such as weather and lack of building materials, as long as
the contractor does account for the delay on the days he is supposed to, he is not liable to
lose its entitlement of such cost and time claims.