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Extension of time due to Exisiting Services

11 replies [Last post]
Thu, 2007-08-02 02:55
Tauqeer Syed
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We outlined reasons which hindered us (the contractor) to perform the work efficiently and in proper sequence and sent our EOT claim to the client. The main reason was the existing of services in a live plant and the Employer did not allow to relocate the existing services on time, so that we could do our civil works.

But now the the client is referring to a clause which according to him clearly identifies and cautions contractor doing the work to cater for lack of continuity and interfaces in the work areas.

We are civil contractor. Is the relocation of existing (live) piping, electrical & instrument services our responsibility? Despite we reminded the client (by letters, weekly and monthly reports.......) that the employer (the owner)is not giving us the work opening?

The client has rejected our EOT, please guide how to reply? (SM please look into it.........)
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Replies

Mon, 2007-08-13 00:29
#1
Charleston-Joseph...
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Tauguer,

As civil contractor, did you update your programme and monitor the critical path.

Your delays may not be in the critical path so there is no reason for you to be granted EOT.

What Im trying to say is have you done the best planning practice to convince your client that EOT must be granted. Please read Mirant vs Arup because the case really is a learning lesson on how we planners must treat critical path seriously including telling the senior management of the project team to act on the activities within the critical path.

Cheers,

Joseph
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Sun, 2007-08-12 09:10
#2
ashraf alawady
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All of you agreed that the original scope of work and the contents of the contract documents are referance and fial gujement for any claim.

Please discripe the case in details properly and review the main points of the contract documents related to the contractor’s obligations for the utilities works and infome us about the contents of the approved works progaram if it was containing these utilities works or not.
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Thu, 2007-08-09 07:02
#3
Govindaswamy Gaje...
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Hi!

Here the problem is due to existing utility and as per your information I understand it is the running plant.

You may approach to this issue in the following order:

(1) Please verify whether the re-routing of existing utility is under your scope or not. If not, then you have better chance for EOT

(2) If Yes, Please verify the Tender drawing and the details provided along with your tender documents, regarding the as-built situation of the existing untility. If the coordinates of the existing utility does not match witht the one shown in the tender drawing (as-built drawings), then also you have better chance for EOT.

Cheers,

GG
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Thu, 2007-08-09 02:21
#4
Charleston-Joseph...
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Tauqir,

Another information that you must provide.

At present, is the project still progressing as per original contract duration??

This is important because, generally, client representative will not entertain extension of time while at this point in time the project is progressing as per original contract duration. The client are also scared to lose there contract with the client. The best effort by the contractor must be sought to mitigate delays.

Your claim for EOT maybe premature and only writing, writing, documenting your claim. So no need to induce protracted warfare regarding EOT with client representative.

Somtimes EOT can be negotiated for the best interest of the project team.

Cheers,

Joseph
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Thu, 2007-08-09 01:17
#5
Bolisetti Jogiraju
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Hi
Tauqeer !

Randall is absolutely right.
If you can explain the case with exact details,will be better to respond.

Cheers
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Wed, 2007-08-08 20:40
#6
Clive Randall
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Tauqeer
It is very unclear from your post whether you are, or are not responsible for relocating existing services.

If you are, and the client does not provide access on the date requested for you to undertake the relocation, and subject to you having provided the prescribed advice in due time, and having been able, and have approval to undertake the works you appear to have a claim.

If you are not responsible, the provision of a programme and advice as to when you require the services to be relocated to comply with your programme, the identification in meetings and in reports as to the potential delay, and, at the point when it was reasonably apparent that your works would be delayed a claim was filed under the terms and conditions of the contract you have a claim for an extension.

However, as you can see above their are numerous requirements on the part of the contractor to ensure that he justifies and can justify an extension.

Responsibility for identifying, removing/relocating existing services is normally complex and the associated contract documentation contained on drawings, in specifications and under the contract and its special conditions make each case unique.

For a better undertsanding of this problem, extracting the relevant clauses and posting them here will provide clarity and result in a more reasoned response to you.

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Wed, 2007-08-08 07:08
#7
Charleston-Joseph...
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Hi Tuaqeer,

You can look back your pre-tender exercise.

Look for the responsibility matrix.

General, it will inform whose responsible for diverting utilities.

Also study the contract document because at the end to the day, the contract will be the basis for extension of time.

Cheers,

Joseph
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Sat, 2007-08-04 15:45
#8
Shahzad Munawar
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Tuaqeer

From your prescribed history, it seems that you are fairly entitled for EOT as to provide site free from all such services/ encumbrances is entire responsibility of the Owner not lies upon Civil Contractor. You may raise your claim for additional cost also subject to provide fully substantiated documents alongwith.

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Sat, 2007-08-04 04:33
#9
Pradeep Mendonca
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Yes Jogi..

You are right !!

After the approval of Work Program (clause 14-FIDIC 1987), any change and / or hinderence by the employer / engineer can provide a tool for EOT; provided that contractor has not delayed the works.

regards,
pradeep
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Sat, 2007-08-04 04:18
#10
Bolisetti Jogiraju
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Hi
SYED !

According to your details, you are entitled to get EOT,because you are a Civil Contractor only.

You have to properly substantiate with details like..
original programme
updated programme (showing the progress)
how your critical path changed due to interface with other contractor’s works etc.......

Cheers
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Sat, 2007-08-04 02:45
#11
Vishwas Bindigana...
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Your post is not clear.

Does the tender require the contractor to satisfy himself of the existing services before quoting / bidding? Did your contracts / operations team go for a site visit before quoting / bidding? Have you signed a "site visit" statement while quoting / bidding?

Vishwas
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