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<p>We have signed contract with client for complete delivery, erection and commissioning of IT/AV system for one hotel. After six month of contract signed, the client changed his hotel operator who reject our offered material and asked for different suppliers and got a quotation from those new suppliers direct to the owner.</p>
Agree with Mr. Foa'd Ahmed.
Agreed with the expert answers. Thank you all for the shared information.
Price tag is a serious matter in retail business, and it is always better to renew the tag, unless it is a clearance item or sales tag, then there should not be a problem, however as long as the new tag is less than the previous one, it should be OK, because by law you cannot increase the price tag on the same merchandise, which obviously is considered older product.
Depends on what is written in the Contract, but for the FIDIC Construction Contracts,1999 edition, Sub-clause4.20 deal with these aspects. Normally, the Employer can supply, free of charge, "free-issue materials" (if any) in accordance with the details stated in the Specification. The Employer shall, at his risk and cost, provide these materials at the time and place specified in the Contract. The Contractor shall then visually inspect them, and shall promptly give notice to the Engineer of any shortage, defect or default in these materials. Unless otherwise agreed by both Parties, the Employer shall immediately rectify the notified shortage, defect or default. After this visual inspection, the free-issue materials shall come under the care, custody and control of the Contractor. The Contractor's obligations of inspection, care, custody and control shall not relieve the Employer of liability for any shortage, defect or default not apparent from a visual inspection. The Contractor may ask for at least a portion of his tag to be on top (like site overheads and profit).
Eng.Fouad Ahmed answered the Q very well so, i have not any add to his answer.
A lot of thanks to Eng.Fouad and Eng.Jafar Zain..
Thank you for your invitation my dear brother,,, FIDIC (International Federation of Consulting Engineers) is the reference formulation of international contracts, and as we have in the development of the contract for local projects formula governing the basis of the general conditions for the implementation of civil engineering contracting accredited business, each according to its content in his own country, a reference resolve any contractual disputes and judicial disputes, as well as in FIDIC it all differences reference and lack of commitment to any of the parties to the contract terms of their contract and has been quoted something from FIDIC terms and I hope to meet part of the answer to the question ,,,,Well all the risks that are not specifically allocated to the employer. The employer bears the risks defined and listed in Clause17.3 (Employer‘s Risks) and Clause19.1(Force Majeure). These are generally events caused by the employer, directly or indirectly, or circumstances over which neither party will have any control. The contractor may be entitled to time extension and/or cost and profit compensation, under Employer‘s Risks group, and time extension and/or cost compensation under Force Majeure group (Jaeger and Hök,2010). The theory is that under Employer‘s Risks, the employer is in breach of contract and, therefore the contractor shall be entitled to recover his profit. However, under Force Majeure the employer is not at fault and, therefore the contractor shall share the risks by waiving an entitlement to profit Moreover, the employer bears only the risk of unforeseen negative conditions that are not offset by unforeseen positive conditions. employers to bear the responsibility of unforeseen conditions and pay for what did happen, rather than what the contractors thought might happen. This approach provides commercial logic and motivational risk allocation by placing the risk with the party best able to influence the risk FIDIC details how a change is to be valued. This is to be valued at the same/ or by considering rates and prices set out in the contract, or the engineer agrees new suitable rates and prices through the procedure of =due consultation‘ with the employer and the contractor. If no agreement is reached, the last resort is determining the appropriate prices by the engineer. This procedure assumes that the value will be calculated after the variation or change has been carried out Under the FIDIC‘s old Red Book, the engineer has two main duties. Firstly, he is the employer‘s agent for design, supervision of the works construction and execution, and contract administration. Secondly, he is a neutral and independent third party responsible to decide and determine the contractor's claims for additional payment or extensions of time, and to resolve employer disputes fairly between the contractor
In my opion a good Project Manager makes his company or client aware that there are problems which need to be addressed and solved even if it means there will be an increase in cost... the live of a human is more important than the cost of a project. The right materials have to be used (no cheap substitutions)!
Unfortunately there are way to many contractors which rather value their profits than the people working for him on a project or the people living there after the project is completed.
Every building has to be build to coat (earth quake, flood or hurricane regions ...); people have a right to live in/near a project.
I personally think it might be good to comply and adhere to the tags set by FIDIC to rule out any chances of discrepancies. However, if you want to add your own tag over and above what FIDIC sets, there should be a valid reason, justification, or an exception to do so.
FIDIC is best known for its range of contracts that includes the: Dredgers Contract; Short Form of Contract; Construction Contract; Plant & DB Contract; DBO Contract; and EPC/Turnkey Contract.
In case you are interested to know the exact FIDIC tag, kindly refer to the link:
http://fidic.org/bookshop/about-bookshop/which-fidic-contract-should-i-use
A scholarly article on the FIDIC price adjustment can be found on the link below:
http://assets.conferencespot.org/fileserver/file/46653/filename/2vd5qv.pdf
