For design & Build Contract, we can only advice the consultant on the design and if he is reluctant or very adamant that the design is workable then the responsibility is on him and the contractor who employed him to bear the cost of redesign if necessary. But for in-house consultant method of design, the consultant has to listen to our advice on the suitability of design and concept, he has to follow JKR SPK procedure for design verification and approval. Following action can be taken:
1. Non Payment- pay only for preliminary
2. Send Reminder and Warning letters to adhere to stipulated project design timeline
3. Stubborn- send letter of intention to terminate his consultancy and a copy shall be send to Board of Engineers clearly stating the reasons for termination.
4. Of course the final straw- Bad performance appraisal
Please ensure that all dealing with consultants are done professional and due care are taking in ensuring fair and reasonable time and opportunity are given to him to present his design and his justification.