Guild of Project Controls: Compendium | Roles | Assessment | Certifications | Membership

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.

Time Limit For Time Plan Approval

11 replies [Last post]
Hemanth Kumar
User offline. Last seen 1 year 13 weeks ago. Offline
Joined: 1 Nov 2002
Posts: 260
Groups: None
Hi Gents

Client Gave us Access Dates To Their Premises For Work
6 Months Ago , in a meeting . Not With An Official Letter Or Mail.
A Time plan was submitted to client based on that immediately
There Was No Positive Reply To Reminders To Review & Approve .for almost 6 months

Now they are saying one of the access date we have shown in our plan is wrong (Which is True)

We arrived at a completion based on that (wrong ) access date

Questions :

1,Can a submitted plan can be taken as approved if no reply is given within a certain period ( Nothing mentioned in the contract )

2.Can we take the access date in our plan and proceed
with the delay calculation , ( There is Acces Delay Compared To Submitted Plan , But Not With Respected To The Given Plan By Client in an informal meeting )

Please Advice




Replies

Samer Zawaydeh
User offline. Last seen 5 years 30 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Dear Kumar,

What are you going to do for the remaining part of the Contract?

How much work is remaining on the Contract? You will need to agree on a process to complete the works.

Best,

Samer
Andrew Flowerdew
User offline. Last seen 2 years 46 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
So what, if any, dates did that state?
Hemanth Kumar
User offline. Last seen 1 year 13 weeks ago. Offline
Joined: 1 Nov 2002
Posts: 260
Groups: None
Yes There Was
Andrew Flowerdew
User offline. Last seen 2 years 46 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
Hemanth,

6 months ago - was there a contract in place to do the works or were the discussions prior to any contract being formed?
Hemanth Kumar
User offline. Last seen 1 year 13 weeks ago. Offline
Joined: 1 Nov 2002
Posts: 260
Groups: None
Thanks Mate
Charleston-Joseph...
User offline. Last seen 3 years 9 weeks ago. Offline
Joined: 10 Jul 2005
Posts: 1347
Groups: None
H,

Basically, consultant find it hard to approve a submitted plan in the event that they are not in control of future events.

IN this situation, if you keep using the submitted and unapproved plan, periodic update, tools in monitoring your construciton activities, then, there is a big chance that said submitted and unapproved plan may become approve and baseline programme for which you are monitoring your construction activities.

The submitted and unapproved plan may also be the tools that will be used someday in your claim for extension of time.

Regards,
Charlie
Samer Zawaydeh
User offline. Last seen 5 years 30 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Dear H.

If you have a Contract signed under the general clauses of FIDIC then if the Engineer did not reply with 21 days of submitting the program, then the Contractor has the right to proceed with the Execution of the works as per submitted program.

If you Contract is not under FIDIC, and it only states the start and end date of the Contract, then you can proceed with the Construction as per you deem fit.

Good luck,

Samer
Anoon Iimos
User offline. Last seen 2 years 37 weeks ago. Offline
Joined: 22 Sep 2006
Posts: 1422
unsolicited advice: You cannot take it as approved (unless there is approval), but you can always proceed (if you got NTP). You can always keep the record and count the number of period elapsed until you got your Plan approval (i believe your client is sharing the risks).
Hemanth Kumar
User offline. Last seen 1 year 13 weeks ago. Offline
Joined: 1 Nov 2002
Posts: 260
Groups: None
Q1 : Can a submitted plan can be taken as approved if no reply is given within a certain period ( Nothing mentioned in the contract )

Nothing Mentioned In the Contarct About Approval time
Samer Zawaydeh
User offline. Last seen 5 years 30 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Dear Kumar,

Please check the Contract documents for any information in them regarding you questions.

In the event, that no official instructions are sent (seems that your client’s management is weak or afraid from consequences) then you need to check all information at site. Please review the Minutes of Meeting and Site Memos from all sides to support your arguments.

Good luck,

Samer
Mike Testro
User offline. Last seen 28 weeks 1 day ago. Offline
Joined: 14 Dec 2005
Posts: 4418
Hi Kumar

You seem to have got yourself into a "denial of access" situation.

As always - "Depending upon what it says in your contract" - you are normally told the start date of your works.

Access would usually be available on the same date as your contract start date.

If you are denied access then you have a relevant event for an extension of time.

Please let me know if your circumstances are different.

Best regards

Mike Testro