Website Upgrade Incoming - we're working on a new look (and speed!) standby while we deliver the project

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

What is TIME BARRED?

12 replies [Last post]
Thu, 2007-06-07 06:41
Pranab Kumar Deb
User offline. Last seen 3 years 25 weeks ago. Offline
Joined: 23 Jan 2007
Posts: 291
Groups: Civil Engineering
DEAR ALL ,
WHAT IS THE MEANING OF "A CLAIM BEING TIME BARRED"
REGARDS
DEB
Top

Replies

Sun, 2007-06-10 07:38
#1
Raphael Adeyemi, ...
User offline. Last seen 10 years 11 weeks ago. Offline
Joined: 23 May 2007
Posts: 51
Groups: Petro-Chem / Oil & Gas
Thanks for your valuable advice

Regards
Top
Sun, 2007-06-10 07:04
#2
Charleston-Joseph...
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
Raphael,

Even if your project is small and your project staff with all types of project department you can enumerate wiht mastery of sophisticated ISO, then you can conclude that everything will be handle ok.

In the real world, not all will be ok.

That is why you have to be smart with the knowledge that time barred as per my experience will help you a lot in case you are in a very thight situation.

The best way is to check the legality of time barred in your location.

Cheers,

Joseph
Top
Sun, 2007-06-10 06:53
#3
Raphael Adeyemi, ...
User offline. Last seen 10 years 11 weeks ago. Offline
Joined: 23 May 2007
Posts: 51
Groups: Petro-Chem / Oil & Gas
I am in tune with your Contract manager as the FIDIC stipulates period required for notification which is 28days after the event giving rise to claim has first arisen. it is advised for a prudent contract department to study and compare every drawing received and note differences immedaitely.I wonder what happened to your planing and contract department to wait so long to observe the additional feature in the drawings.

You are ststue barred. The requirement is practical and not difficult,remember this clause does not required you to make your claim within this period but to give your notice of intention . should the additional features amount to additional expenses that the Employer could not accommodate, it could be revieiwed and the Budget maintain.
Top
Sun, 2007-06-10 06:46
#4
Charleston-Joseph...
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
In my experience, Time Barred is a contract clause that can’t be implemented due to absurdity of the clause. For others, the best way to clear doubts is to check the legality of this clause in your location.

It was use to intimidate the contractor to keep his homework in order. But we all know that issues can be re-visited in the event such issues were not raise and hence not resolve, even after the completion of the project.

For example, I have this case when I worked in Malaysia. The asphalt for road pavement was finished three years ago. The BOQ omitted the wearing course. The engineer instructed to provide wearing course as per authority requirement. The sub-con claimed for the work done. I worked with the main con and I noticed that I can’t make back to back claim. I raised the matter to higher management since we were finalizing all accounts for the said project. The property developer was surprised why a substantial claim appeared after the project was finished. But at the end, the developer paid the work done.

I have also experieced that an event not raise at the instant of happening can still be use in claim for time extension in whatever timeline of the project.

So in conclusion, time barred is nothing. The lesson here is for the client representative to do there homework also. Do not pass all the hardwork to the contractor.

Cheers

Joseph
Top
Fri, 2007-06-08 05:39
#5
Pranab Kumar Deb
User offline. Last seen 3 years 25 weeks ago. Offline
Joined: 23 Jan 2007
Posts: 291
Groups: Civil Engineering
YA I UNDERSTAND THAT THAT’S THE BIGGEST HURDLE , NOW OUR SITE EXECUTION TEAM BELIEVES THAT THE TIME SHOULD START FROM WHEN THEY GOT THE DRAWINGS FROM OUR TECHNICAL OFFICE FOR THE EXECUTION , IN ANY CASE ITS VERY CLUMSY , EVERY ONE IS HAVING HIS OWN OPINION , FOR ME THE TECHNICAL OFFICE SHOULD HAVE BECOME AWARE WITHIN A WEEK - 10 DAYS FROM THE TIME OF RECEIVING THE DRAWINGS
REGARDS
DEB
Top
Fri, 2007-06-08 05:09
#6
Andrew Flowerdew
User offline. Last seen 3 years 2 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
Pranab,

The phrase "or should have become aware" is the hurdle you have to jump over to have a case.

Having regard to all the circumstances, what is a reasonable time that you should have become aware of the changes - that’s when the 28 days starts to run.
Top
Fri, 2007-06-08 05:01
#7
Pranab Kumar Deb
User offline. Last seen 3 years 25 weeks ago. Offline
Joined: 23 Jan 2007
Posts: 291
Groups: Civil Engineering
you are on the mark andrew it reads as " the notice shall be given as soon as practicable and not later than 28 days after the contractor became aware , or should have become aware , of the event and circumstance"
so what u feel is our case???
regards
deb
Top
Fri, 2007-06-08 04:03
#8
Andrew Flowerdew
User offline. Last seen 3 years 2 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
Pranab,

Off the top of my head I can’t remember if the notice requirements include the phrase "or as soon as the contractor becomes aware" or something along those lines as to when the notice period starts running
Top
Fri, 2007-06-08 03:54
#9
Pranab Kumar Deb
User offline. Last seen 3 years 25 weeks ago. Offline
Joined: 23 Jan 2007
Posts: 291
Groups: Civil Engineering
hello andrew ,
I have a case
"The Engineer issues a design supplement clarifying some request for information which is dated 4th november 2006 , inbetween the site implementation team is busy with the immediate activities so in may 2007 they discover the the design supplement contains a deviation in drawings adding some new walls to the contractual drawings which is affecting the critical path , now while our contracts manager claims that this claim is time barred ( our contract is fidic 99 for building construction designed by employer) i want to know if some recourse can be taken in this issue
regards
deb
Top
Thu, 2007-06-07 18:19
#10
Andrew Flowerdew
User offline. Last seen 3 years 2 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
Possibly that you lose the right to be able to claim for that period!

But, you have to look at the whole EoT mechanism in a contract to see if a time bar is effective as against claiming the EoT - often it isn’t.
Top
Thu, 2007-06-07 07:39
#11
Andrew Pearce
User offline. Last seen 1 year 45 weeks ago. Offline
Joined: 11 Jun 2001
Posts: 175
Groups: Building Information Modelling, The GrapeVine
This is when your CONTRACT states a period of time for notifying the project administator of a delay/increased cost/variation and you have failed to do this within the stated period.
Example,
Events causinga delay to the project shall be notified within 14 days - you submit claim after 21 days, you are time barred.
Top
Thu, 2007-06-07 08:09
#12
Pranab Kumar Deb
User offline. Last seen 3 years 25 weeks ago. Offline
Joined: 23 Jan 2007
Posts: 291
Groups: Civil Engineering
Hello Andrew ,
What are the implications of a Time Barred Claim.
regards
deb
Top