April 10 Q&A-1y8oyob8yoyoyoyoyoyoyo8yoy
April 10 Q&A-1y8oyob8yoyoyoyoyoyoyo8yoy
April 10 Q&A-1y8oyob8yoyoyoyoyoyoyo8yoy
To: [email protected]
Date: Mon, 26 Apr 2010 16:52:32 +0400
Subject: RE: MSc modules likely to be exempted - Final Call for Advanced Class
Prof Sam
Please could you send me the details of the topics covered by the CA-AC and the CAMC.
If all three sound, advanced & master class are all complete does this exempt you from
the entire MSc?
CA-AC subjects are as shown in the CA-AC Flyer. They were given in more detail and
highlighted in yellow in the previously sent module sheet.
CA-MC topics are still not finalized.
If the talks with the Uni are successful, there would not be a CA-MC. Instead, the Alumni
would have the opportunity to enroll for a University MSc consisting of 8 modules + a
dissertation (of which 3 could be exempted as shown in the previous module sheet. These
3 modules cover the 10 sessions of the SCA and the 6 sessions of the CA-AC). The
following are under discussion:- PG Certificate for those (who are exempted from the 3 Modules) who wish to
complete only one module of the Uni's typical MSc programme. (50% discount from the
fees of the exempted 3 modules)
- PG Diploma for those (who are exempted from the 3 Modules) who wish to complete 5
modules of the Uni's typical MSc programme. (60% discount from the fees of the
exempted 3 modules)
- MSc for those (who are exempted from the 3 Modules) who wish to complete 5
modules of the Uni's typical MSc programme and complete the dissertation.(70%
discount from the fees of the exempted 3 modules)
If the talks fail, then there would be a CA-MC of 10 sessions conducted by me covering
topics such as Contract Law, UAE law applicable to contracts, Drafting D&B, GMP, Cost
Plus contracts, How to become an Arbitrator, Disruption & Acceleration, Art of
successful negotiation etc.
I will keep the Alumni informed of progress.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Regards
Richard Begbey
Cost Consultant MRICS
----- Original Message ----From: ben Samalca
To: [email protected]
Date: Tue, 04 May 2010 10:42:09 -0700 (PDT)
Subject: "Loss of Profit on Omitted Items
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Respectfully yours,
Benjamin Samalca
From: hemanthi fernando [mailto:[email protected]]
Sent: Thursday, April 08, 2010 9:18 AM
To: Prof. Sam
Subject:
Dear Professor,
Would you please advise me the clear procedure for adjusting 'PC rates'
and 'Provisional Sum' in a lump sum contract.
The Provisional sum would be deducted from the Lump Sum Contract
Price and in its place one of the following would be added:-
In lump sum scenario should we really adjust the PC rates. Yes. The
difference in the PC and the actual purchase rate of the material plus the
OH&P should be multiplied by the actual quantity of the work done and
the product should either be added to or deducted from the Lump Sum
Contract Price.
Since there are many questions on the PC raised by the Alumni, I will
include it in the Bridging Course (if the MSc efforts are successful, or in
the CA-MC, if they fail)
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Prof. Sam.
I am not sure whether have you received my e mail sent on 20/03/2010. Therefore I am
sending it again
Dr. Sam,
I would like to thank you first for all the enlightening lectures and answers to various
queries. I am one of attendees of September 09 SCA course.
If you have time please send me your view or comments for the following situation;
1. Our Contract is re-measurable, method of measurement CESSM3 and contract type
FIDIC 4th edition which is amended by the Employer .
2. We have been entitled for 56 days of EOT at the beginning of project due to late
provision of Design NOC from DEWA by employer which is necessary to obtain
construction NOC by us.
3. When we received DEWA Design NOC from Consultant attached with DEWA
approved water line network layout drawings, it was noted that steel sleeves to be
provided for 450mm Pipe under road crossing and for all pipes under double
carriageway road crossing on the drawings. Steel sleeves are not shown in any Tender
drawings or not mentioned in Contract specifications. Also there is no corresponding
BoQ item for the same.
Shop drawings (including steel sleeves for water pipe line road crossings in
accordance with above quoted DEWA design NOC comment) are prepared and approval
of the Consultant and DEWA obtained by us, work is executed accordingly. We issued
NOV for steel sleeves and the Consultant had certified the cost of the same as a variation
since January 2009.
4.
5.
Recently the Consultant sent a letter enquiring the validity of Variation in the light
of below quoted Contract Specification statement;
Comply with standards of authorities having jurisdiction for potable-water-service
piping, including materials, installation, testing, and disinfection.
Consultant argument is based on following arguments;
1.
Water pipe lines cross roads shown in Tender Drawings regardless showing
steel sleeves or not,
2.
Steel sleeves for road crossings are required as per DEWA (which is authority
having jurisdiction) regulation,
3.
4.
6. We explained that our obligation to comply with standard of authority does not
include design of water network or reviewing of the Consultant design during tender
stage whether their design complies with DEWA regulation or not.
Also we emphasized that the Contract is re-measurable and that the use of any
method of measurement other than CESMM3 in the preparation of the BoQ
should have been expressly stated in the Preamble of BoQ. Furthermore the extent
of work affected by any amendments to CESMM3 should be stated in the
Preamble of BoQ in accordance with Clause 5.4 Section 5 of CESMM3. There is
no exception for steel sleeve in Preambles to Contract BoQ and reviewing the
Consultants Design during tender stage prior to insert BoQ rates.
Despite of above summarized arguments, we couldnt convince the Consultant
that the subject work is a variation.
Your valuable comment in this regard will be highly appreciated.
Where a contractor is required to allow in his pricing for complying with the
standards/regulations of an authority, what should be at contractors risk are giving
notices, obtaining NOCs, paying fees, unspecified temporary work, unspecified
workmanship, coordination etc. and not the material. For instance, if the drawings show a
100 mm pipe, whereas the regulations require a minimum 150mm, the contractor cannot
be held responsible to provide the larger diameter pipe at no extra cost (except in a
Design & Build contract).
If the designer did not know about the authority requirement of the sleeve and therefore
did not show it, one cannot expect the contractor to have a better knowledge than the
designer and allow for it in his pricing !
In a case where the designer knew about it and made a mistake by not showing it, then,
when it is later introduced it obviously would be a variation. Likewise, the introduction of
the sleeve in the former case too should be construed as a variation, because the
knowledge or the ignorance of the designer cannot be material to the outcome of either
case, affecting the contractor.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder
Best regards
----- Original Message ----From: Santhanam Chandra Mohan
To: [email protected]
Date: Tue, 27 Apr 2010 16:49:58 +0530 (IST)
Subject: Query on Contract
Dear Sir,
Find attach comments.
However the same shall be forwarded to Alumini for their
knowledge.
Regards
Chandra Mohan
Question 1
Question on Bonds and Guarantee
Case - A
In a Project, a situation raises that the Client wants to en-cash the Bond due to Contractor
failure, the Bond states as follows
Upon Employers first demand to bank the Bank pays the beneficiary (Employer)
In that case, what is the bank procedure in settling the money to Client? Whether the bank
will get the Consent from the Contractor who is the Client to them or they will
immediately settle the amount. Immediately settle.
Case B
In a Project, a situation raises that the Client wants to en-cash the Bond, (without any
reason) since the Bond states as follows
Upon Employers first demand to bank the Bank pays the beneficiary (Employer)
In that case, what is the bank procedure in settling the money to Client? Whether the bank
will get the Consent from the Contractor who is the Client to them or they will
immediately settle the amount. Immediately settle. However, the Contractor can sue the
Employer for damages.
Question 2
What are the parameters constitute in Over Head. During the SCA 6th session we
discussed in detail what constitutes Head Office OH and what does not, in relation to
what can be claimed and what cannot. See the 8th slide in the handout. Other than that,
generally when the expression Over Heads is used it means both Head Office OH and
Site OH. If OH&P is used OH means only Head Office OH.
As per Fidic 1999, Clause 12.4 - Omissions
Whether if a Work is omitted from the Contract, is the Contractor entitled for Over head
from the omitted work. Yes.
Whether Contractor can claim for loss of Overhead on the omitted activity. Yes. If so how
it is calculated. At the OH percentage (agreed or obtained from a rate analysis) on the
value of omitted work. Due to this, and due to the absence of a provision similar to 52.3
of FIDIC-4th, and many other shortcomings, the QS input required from a Contractor and
the Engineer for FIDIC 1999 contracts are more than double that for FIDIC-4th. We
discuss these issues and many other shortcomings of FIDIC 1999 in detail during CAAC. There are no further CA-AC classes planned for this year. Another Class would be
conducted only if the SCA Alumni request for one. SCA Alumni are requested to email their
interest in this regard.
Regards,
Prof. Sam.
Prof. Indrawansa Samaratunga PhD, DSc
FRICS, FAIQS, FIQSSL, FCIArb, FCIOB, FCMI, FASI, FBEng
Chartered Surveyor, Chartered QS, Chartered Manager, Chartered Builder