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What is start date LOA or Kick off

14 replies [Last post]
Mon, 2009-12-14 04:31
Santhosh kumar Na...
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One of my contractor claim for EOT on accoun tof late conduct of kick off meeting. We issued LOA (Letter of acceptance) with spcecific start and completion date. The site was ready too - It is internal finishing works, structure hase been done by other contractor- but we conducted kickoff meeitng after 10 days of contractual start date.
Now the contractor is asking for 10 Days EOT and we rejected this based on the the site status as the site was ready to receive the finishing contractor, delay in kickoff meetting is no way holding contractor to start their work.

Please clarify is there any valid ground on contractors claim.
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Replies

Thu, 2009-12-31 10:28
#1
Samer Zawaydeh
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Dear Raphael,

Happy New year and best wishes to you as well.
If I can be of further assistance, please let me know.

With kind regards,

Samer
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Thu, 2009-12-31 03:23
#2
Raphael Adeyemi, ...
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Thanks Samer

I will go get the FIDCI 1999

I have the old version

Cheers and wishing you professional fufilling year 2010
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Wed, 2009-12-30 13:59
#3
Samer Zawaydeh
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Dear Raphael,

The Kick off meeting is a management tool to communicate what is necessary to the shareholders on the project.

FIDIC 1999 is clear about the Commencement date and definition of the "Commencement of Work" is mentioned in clause (8/1). That is the usual practice.

I hope that this is clear.

With kind regards,

Samer
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Wed, 2009-12-30 05:56
#4
Raphael Adeyemi, ...
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Thanks Samer,

Kick Off Meeting as refer to are necessary at eaach face of the project. When a new NSC (Nominated Subcontractor)is engaged on site, there is need for KIck Off Meeting to discuss among other things- Site safety, induction,Work programme, work management plan, MC attendances and COmmunication channels,etc..

The Project Client or his representatioves (Consultants) and other relevant stake holders are usually involved in the kick off meeting to discuss broadly on the project, meet the relevant person concerned,topics mentioned above, and other grey areas..etc

Is it the usual practice where Contractors are being told not to commence work until after Kick off meeting.

My concern is that is the Word Kick Off Meeting as a precedence for works commencement specifically mentioned in FIDIC? and what Edition?
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Tue, 2009-12-29 13:58
#5
Samer Zawaydeh
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Dear Raphael,

The kick off meeting is a "meeting". The start of the project is determined per FIDIC Clause 8.1 "Commencement of Works". This is initiated by the Engineer’s notice, or the 42 days after the LOA.

With kind regards,

Samer
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Tue, 2009-12-29 00:52
#6
Raphael Adeyemi, ...
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I totally agreed with Andrew.

The Contractor can only asked for EOT if kickoff meeting is a precendence for work commencement.

Check the contract documents and the LOI if such is mentioned

Cheers
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Tue, 2009-12-15 05:29
#7
Shah. HB
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Thanks to all
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Tue, 2009-12-15 02:45
#8
Samer Zawaydeh
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Dear Shahul,

The majority of the Tenders has design drawings issued with them. These drawings are the basis for studying, preparing and submitting the tenders.

It is the responsiblity of the Contractor to study carefully any other drawings that are given to them at a later stage such as kick off meeting and report the variations within the Contractual time period.

With kind regards,

Samer
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Tue, 2009-12-15 01:35
#9
Santhosh kumar Na...
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Thanks to all particularly shahul & Sameer.

We have handed over all necessaary drawings as part of contract drawing.
Yes during kick off meeting we have given approved formats of letter, submittals, transmittal and reports etc.
SInce it is design & build they can defenitly start their work in the specified date eventhough kick off meeting delayed 10 days.

Thanks for sharing your views and experience
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Mon, 2009-12-14 23:51
#10
Shah. HB
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Hi

@ Samer i agree with you statements and thanks for it

Let me make it more clear about my previous posting

If contract drawings are issued on kick off meeting then i guess contractor could go for extension of time ,i mean to say if on the date of LOI contract drawings not been issued to contractor
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Mon, 2009-12-14 14:44
#11
Samer Zawaydeh
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Dear Santhosh,

You need to read the Conditions of Contract and check for specific conditions if they exist.

If you have a FIDIC Contract, then the Commencement Date (Clause 8/1) is either specified in the Special conditions or is at the latest 42 days from the date of Letter of Acceptance.

Shahul:
The Construction Drawings are part of the Contract Drawings. If you have new drawings after the Contract agreement has been signed, then these are considered as revisions and the Contractor can claim for variations.

With kind regards,

Samer
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Mon, 2009-12-14 13:02
#12
Shah. HB
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Hi to all

When construction drawings and specifications were issued to contractor ? It is done on LOA issue date or during kick off meeting?
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Mon, 2009-12-14 11:50
#13
Lawrence Cuozzo
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Santhosh -

As Andrew said, there is no validity to their claim. Over here in New York City, we issue an NTP (Notice to Proceed) and sometimes the "kick-off" meeting is weeks later. I would warn the contractor to stop with the phony claims talk and concentrate on getting the job started.

Lawrence
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Mon, 2009-12-14 10:11
#14
Andrew Flowerdew
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Santhosh,

On the information you have provided, non at all.

"We issued LOA (Letter of acceptance) with spcecific start and completion date."

Unless there is something specific relating to the kick off meeting such as a condition that the contractor will not start on site until there’s been a meeting... or something similar arising out of the meeting that prevented them from starting until the meeting had been held, then there appears little validity in their claim.
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