Operations on Site - Standard Letters for Building Contractors - page 93

Letter 85
To employer, pointing out design error in Employer's Requirements
This letter is only suitable for use with SBC, ICD, MWD or DB.
Dear
In carrying out the detail design for which we are responsible, we have
discovered that part of the design which you prepared and which forms part
of the Employer's Requirements appears to be defective in that [ briefly indicate
the nature of the defective design ].
Our obligation under clause 2.2 [ substitute '2.1' when using ICD, MWD or DB ]is
merely to complete the design of the contractor's designed portion [ substitute
'design for the Works' when using DB ]. This duty is clarified by clause 2.13.2
[ substitute '2.34.4' when using ICD, '2.1.2' when using MWD or '2.11' when using
DB ] which expressly states that we are not responsible for the contents of the
Employer's Requirements nor for verifying the accuracy of any design
contained within them.
We believe that it is now a matter for you to issue a change instruction to vary
the Employer's Requirements to enable us to proceed with our part of the
design. Please be aware that this is now causing us a delay for which we shall
expect an appropriate extension of time in due course. It may also give rise to
direct loss and/or expense for which we will seek reimbursement as soon as
the position becomes clear.
Yours faithfully