Website Upgrade Incoming - we're working on a new look (and speed!) standby while we finalise 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.

Rain Days - EOT Claim.

10 replies [Last post]
Fri, 2007-07-27 18:46
Marcio Sampaio
User offline. Last seen 12 years 12 weeks ago. Offline
Joined: 7 Nov 2005
Posts: 658
Groups: Petro-Chem / Oil & Gas
How do u deal with EOT claim based on Rain Days?

Regards.
Top

Replies

Sun, 2007-08-12 09:19
#1
ashraf alawady
User offline. Last seen 10 years 8 weeks ago. Offline
Joined: 26 Aug 2006
Posts: 320
Groups: None
if the rainfall was the biggest in 50years so you are entiteled to claim EOT and you can create a separete additioal event call(Delay due to un expected heavy rain)with total duration of the stoping period and link this activity with the effectet perdessors and sucessors and run the program to see the impact of this delay event on the approved work program.
Top
Sat, 2007-08-04 00:14
#2
Vijayasarthty S
User offline. Last seen 6 years 30 weeks ago. Offline
Joined: 20 Jun 2006
Posts: 15
Groups: None
In My scenario the rainfall was the biggest in 50years so we got a reprieve.
Top
Thu, 2007-08-02 04:15
#3
Pradeep Mendonca
User offline. Last seen 16 years 17 weeks ago. Offline
Joined: 28 Jul 2007
Posts: 15
Groups: None
You are right ravi...

there should be a physical obstruction to claim for an EOT. Just a heavy rainfall (without any obstruction) will not help in this case.

regards,
pradeep
Top
Thu, 2007-08-02 02:43
#4
A D
User offline. Last seen 4 years 2 weeks ago. Offline
Joined: 20 May 2007
Posts: 1027
Groups: Accreditation Editors
Marcio / Sarthy,

It all depends weather there is a specific clause in the contract or not for rainy days

If u r referring Clause 12.2 of 1987 FIDIC, it states the events which you cannot forsee.

In countries like Brazil, where Marcio is working or in India, where Sarthy has done has done this project, you just CANNOT say that you have not forseen the rain.

You can ask EOT for either HEAVY RAINFALL (Not seen in last 10 years or so) or for FLOOD (which pradeep has mentioned)

I am doubtful, weather you can claim EOT for rainy days.

Am I right?

Top
Thu, 2007-08-02 01:03
#5
Vijayasarthty S
User offline. Last seen 6 years 30 weeks ago. Offline
Joined: 20 Jun 2006
Posts: 15
Groups: None
In a previous project of mine we had done something similar and have been successful it getting it. We started out by submitting the rainfall data for the previous day in our Daily Progress Report and then asked for an additional 60 days because of Rain and Other COnsequential Delays in line with the Physical Obstruction to the SIte criteria. To Support this we also furnished documents from the Local Meterological Office...and other similar data.

We Were Able to Wrest 27days from the Employer / Consultant.
It was For a FLyover Project.

Regards,

Vijay
Top
Thu, 2007-08-02 00:35
#6
J Venkatesh PMP P...
User offline. Last seen 11 years 28 weeks ago. Offline
Joined: 7 Aug 2006
Posts: 52
Groups: GPC Qatar
Rite Pradeep....

this is a systematic approach and a goood procedure...

even the same procedure, we used in 2 of my previous projects and dealt with Time extension...

J
Top
Wed, 2007-08-01 13:29
#7
Pradeep Mendonca
User offline. Last seen 16 years 17 weeks ago. Offline
Joined: 28 Jul 2007
Posts: 15
Groups: None
Dear Marcio,

This is what i can suggest...
Refer clause 12.2 of FIDIC 1987 where the contractor can claim for EOT when he could not forsee an event. This i can say if the work site was flooded (which is a physical obstruction) and could not carry out the work.

Be sure to support your claim by getting the history of weather data for the last few years (say 10-15 years) from the meteorological (hope i spell right ) department. If there was heavy rain which no one could have predicted (in this case experienced contractor) then i am sure you can get EOT. However, it depends on the relation your company has with engineer and employer.

Actually we had got EOT in one of our projects way back; atleast half the claim of EOT without any cost / claim on prelims. We agreed and the chapter was closed. This does not allow you to make any reference ;)

regards,
pradeep
Top
Tue, 2007-07-31 18:03
#8
Marcio Sampaio
User offline. Last seen 12 years 12 weeks ago. Offline
Joined: 7 Nov 2005
Posts: 658
Groups: Petro-Chem / Oil & Gas
Thank u all...

There is a contract clause about that. We are studying tha case.

Regards.
Top
Mon, 2007-07-30 13:00
#9
Santhosh kumar Na...
User offline. Last seen 6 years 48 weeks ago. Offline
Joined: 7 Aug 2006
Posts: 66
Groups: Building Information Modelling, GPC Qatar
Hi Normally u will not get it? read carefully the contract. if they mention and rainy day and windy day etc etc to be the part of contract duration u cant claim separate but u can put a justifiable duration on account of high wind /rain, by refering prvious data!!
Top
Sun, 2007-07-29 12:21
#10
Shahzad Munawar
User offline. Last seen 9 years 29 weeks ago. Offline
Joined: 2 Jul 2003
Posts: 551
Groups: None
Seek clause related to rains or unprecedented rains in your Contract Agreement. Based on which you can claim and get EOT for this item.
Top