The owner solicited bids for the renovation of a wing of a university building,

Question

The owner solicited bids for the renovation of a wing of a university building, including replacement of the heating system and inclusion of additional insulation, including replacement of doors and windows where necessary. The bid documents required bidders to conduct a thorough pre-bid inspection in order to familiarize themselves with the conditions in the building. The owner also supplied as-built drawings (of the original building) to the winning contractor. When the project began, the contractor found that a number of the windows and doors that had to be replaced had metal framing instead of the wooden framing that the contractor expected. There was no indication of metal training in the as- built drawings. Contractor makes a claim for additional compensation for the extra cost of removing and replacing the metal framing. Discuss. What if the owner had an expert witness testify that as-built drawings normally do not contain indications of specific materials used in construction?

Explanation / Answer

Here, the contractor's claim to additional compensation stands null and void. The owner, while soliciting bids for the renovation project, had already asked the bidders to conduct a survey of the facility to familiarise themselves with the building to be renovated. Thus it was the bidder's duty to be familiar with the materials of the windows and window frames. Also, as-built drawings reflect only changes made to the original construction drawing of the building. They reflect the changes in the drawing of the building and do not necesarily contain the material used for construction. Thus, the owner of the building stands right and the renovation should be carried out by the contractor for the amount of money agreed upon in the bid. He is not entitled for any extra compensation as such.

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