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Appoved as noted contract programs

12 replies [Last post]
Fri, 2005-10-07 05:40
Kumar I
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If the client gives approved as noted status on the contract program with major comments like the program should be co-ordinated at a latter stage with other contractors who are expected to be onboard at a latter stage of the contract,accordingly the dates ,floats etc of the approved as noted program to be adjusted at a latter stage while maintaining the contract milestone.In case of disputes can the contractor use the approved as noted programs without implementing the clients remarks for making timeimpacts,or the contractor have to comply with the clients remarks and the finally approved program only can be used for assesing time impacts
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Replies

Wed, 2005-10-12 03:28
#1
Stuart Ness
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Edgar,

You can only do this job properly with a sense of humour and having everything in perspective!! (Though I don’t wear a red suit, have a beard, carry a sack full of toys nor drive a sleigh!)

Cheers,

Stuart

www.rosmartin.com
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Wed, 2005-10-12 01:37
#2
Clive Randall
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It is a puzzle why we are seeing ourselves as remote from Contract and claims people.

If a site team perform well, plan well, administer well, understand the Contract and manage the strategy we are as a team performing the contract and claims element.

The polarisation now seen of claims, forsensic analysis and the quantity surveying role however it is performed from the project management is very worrying and can only lead to more claims and foresnsic analysyst.

As a planner you should see yourself as part of the team and learn about the specilists roles performed by other members of the team. If you dont you may well find that youre specialist knowledge has been incorporated into somebody elsese area of expertise.
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Tue, 2005-10-11 09:32
#3
Edgar Ariete
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I had never thought that the Contracts & Claims people really has a lot of character. Thank you Mr. Stuart Ness.

You are a real Santa Claus...
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Tue, 2005-10-11 06:27
#4
Stuart Ness
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Edgar,

The General Contractor will usually be responsible for the actions of any of his Subcontractors, whether or not he uses the General Contractor’s licence.
If the Subcontractor acts in a way that harms the interests of the General Contractor, then the Subcontract should contain measures that the General Contractor can use against the Subcontractor.

Hope this helps.

Cheers,

Stuart

www.rosmartin.com
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Mon, 2005-10-10 22:49
#5
Oscar Wilde
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The Client will often use the approved with comments to avoid a formal approval i have had programmes approved with comments where the comment is to follow the spec

My advice on instances such as these is to get your programme back in a soon as you can the last programme on the file approved or not could easily be the one that forms the baseline and from which claims will finally be assesed.

Unfortunatly many clients use the approval process particuarly of programmes as a lever to amplify their own benefits. Many will argue that the lack of an approved programme means that time claims cannot be quantified. While there is some merit in this argument spurious or frivilous rejections will unlikely to be viewed positivley by adjudicators, mediators and arbitrators.

Clearly it is in the Contractors interest to plan as fully as he can that which he has to do and that which he expects from others. When doing this he should follow any and all requirements set out in the Contract documents, if he is unable due to lack of information to detail elements of his programme he should identify what these are in an RFI and on the programme submission schedule allowing a single or small number of activities as durations for the unknown information.

When the RFI is answered he should ammend his programme claim for time if so required and seek an approval of the programme.

Kind regards
Oscar
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Mon, 2005-10-10 15:39
#6
Stuart Ness
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Hi Kumar,

Thanks for the clarification.
It seems that you are one of a Package in a Management Contractor Project.

The Client’s PM Team will do the coordination and they will require you to show other interface contractors (other Packages) on your programme for information and coordination purposes.

At this stage (before lots of other packages come into play) you will probably only have to deal with Level 1or 2 programmes at a general level, though your own detailed work schedule will have to be Level 3 or 4.
The reason why the Client approved your programme “with comments” in the way that he did was so that you would not be able to use the programme at a later date to claim delay or disruption due to possible lack of awareness of the activities of others!! ;-(

Which means – to answer your original question – it is very likely that you can only use the “Approved with comments” Programme as your Baseline Schedule for making future claims.

Hope this helps.

Best wishes,

Stuart

www.rosmartin.com
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Mon, 2005-10-10 15:18
#7
Kumar I
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Thanks a lot for the replies
There are no sub-contractors,each package has a contractor for his package,this what i meant (other contractors),can you clarify further.
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Mon, 2005-10-10 10:40
#8
Edgar Ariete
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Stuart,

What if, you are dealing with subcontractors? You are in the place of a general contractor & you got one subcontractor who works for you & uses your name (i.e. license)?
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Mon, 2005-10-10 04:20
#9
Stuart Ness
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Kumar,

To answer your original question – your contract programme cannot be considered to be approved until you have included the comments required by the Client.

This means that until you include these comments, your programme may not be used as a Baseline Schedule from which to calculate future time impacts.

With regard to the incorporation of other contractors, if you mean subcontractors, then it would naturally be the responsibility of the Main Contractor to coordinate all of his subcontractors’ works into the overall contract programme, no matter what discipline is involved. It would be for the Main Contractor to determine the overall time schedule for each of his subcontractors and they would have to provide a detailed programme of how they will execute the work (or if they are unable to provide such a detailed programme, the Main Contractor would have to produce it). In these cases, the subcontractors would be required to work to the Main Contractor’s programme; not the other way around.

If, however, you mean “Other Contractors” that are outside the control of the Contractor and where there is no formal Contract between the Contractor and the “Other Contractors”, then the coordination work amongst all of the Contractors is probably the responsibility of the Client.

The Contractor generally has no authority over “Other Contractors”; he will have an obligation to “be coordinated” with Other Contractors, but he will not usually have the responsibility to carry out the coordinating tasks themselves.

It may be that the Client is properly doing his coordination of all his Contractors (of which you are one) and he is requiring you to add in the schedules of others so that there is an overall integrated programme and that therefore everyone knows what is going on!! If this is the case, however, your own responsibility does not extend to being responsible for the progress (or failures) of any of the “Other Contractors”.

If you can clarify whether you are dealing with “Subcontractors” or “Other Contractors” it will be easier to give a better answer to your original question.

Hope this helps,

Stuart

www.rosmartin.com
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Sun, 2005-10-09 14:07
#10
Kumar I
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Can the program approved as noted in the first instance with such major comments,which will change the schedule quite a bit when the program is coordinated with other packages.

The project has central HVAC etc,
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Sun, 2005-10-09 09:08
#11
Shahzad Munawar
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In case of disputes arisen between you and the Client, your approved programme duly commented by your Client will always precedent to the programme which you execute without the Client’s remarks for making any Delay Analysis at any later stage.
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Sun, 2005-10-09 03:03
#12
Charleston-Joseph...
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Hello Kumar,

The information is so general. Can we say that the project involved 5 story reinforced concrete building 50 meters by 15meters with 3meters typical floor heights. Foundation is only isolated spread footings. No lanscapping. The building is medium cost residential builing. MEP is only drainage, foul water drain, electrical (No centralized HVAC). Logistic is not a problem.

The programme that was approved with comments is good as approved. This is a very simple project. Let the subcontractor program follows (incorporate this in the LOI)the main contractor program.

No need to make a big issue with this kind of program.

Cheers,

charlie
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