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Abu, a project consultant was tasked with the duty of assisting a main-contractor in the preparation of tender documents for a design and build project

Abu, a project consultant was tasked with the duty of assisting a main-contractor in the preparation of tender documents for a design and build project of a wafer factory. Abu based his work only on existing reports of land surrounding the factory site without performing physical inspection on the site itself. The main contractor who later submitted the tender by relying solely on Abu's report realized that the quoted cost for piling works was RM5 million short. This was due to wrong data in the soil investigation report prepared by the consultant. Within this context, discuss: (a). The contractual obligation of main contractor in a design and build project compared to a traditional contract. (b). As a result of the loss due to miscalculation of the piling price, the main contractor is claiming for compensation from Abu. Elaborate the key conditions for claim for negligence.

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