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.

contractual milestone

3 replies [Last post]
Tue, 2009-12-29 08:24
ashraf mokhtar
User offline. Last seen 11 years 19 weeks ago. Offline
Joined: 23 Dec 2009
Posts: 11
Groups: Building Information Modelling, Civil Engineering, GPC Qatar
the contract has milestone for some stages but one the stages it is not clear in the scope so the client write beside this milestone "if required " when the contractor submit the baseline program he did not include the activities related to this stage while we are reviewing the baseline program we know that this stage is important and it will be needed we ask the contractor to implement this stage in the program as per the contract put he refuse to do so because it is not clear in the scope and he want to submit for EOT after approval of the baseline .... what we should do in this situation?..... please note the contract is re-measurable contract...

thanks all
Top

Replies

Tue, 2009-12-29 13:33
#1
Samer Zawaydeh
User offline. Last seen 5 years 38 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Groups: Civil Engineering, Regional Representatives
Dear ashraf,

This is a variation in a re-measured contract. FIDIC clause (8.4.a) Allows for Extension of Time for Completion due to a Variation.

This is a variation because the Employer do not know about it, does not have a design for it, and the quantity of work is not determined at the Tender stage.

The scope of work is what you have to deliver. Since this was not part of the BOQ (in any shape of form) then this is not part of the Contractual Deliverables.

You also have to read the Conditions of Contract very clearly to clarify if you have clauses pertaining to this issue.

With kind regards,

Samer
Top
Tue, 2009-12-29 13:16
#2
ashraf mokhtar
User offline. Last seen 11 years 19 weeks ago. Offline
Joined: 23 Dec 2009
Posts: 11
Groups: Building Information Modelling, Civil Engineering, GPC Qatar
thanks Mike

yes all the milestone have standalone completion dates in the contract...

the stage we are talk about is injection of joints of tunnel which the employer do not know at the tender stage the injection is required or not so the employer instruct the contractor to investigate this problem and fix it if it is there and employer put milestone for that but also it is not included in the BOQ for some reason...

so the scope is clear but the amount of work is not...

Top
Tue, 2009-12-29 10:43
#3
Mike Testro
User offline. Last seen 36 weeks 1 day ago. Offline
Joined: 14 Dec 2005
Posts: 4418
Groups: Building Information Modelling, Content Moderators, GPCCAR Editors
Hi Ashraf

Do any of the milestones have LAD’s attached and / or do they have standalone completion dates in the contract?

If it is not clear from the contract what scope of work drives the date of a milestone then the Contractor is correct not to include it in his programme - or if it is incuded then not to show any logic to other tasks.

If the employer now thinks it is important then he should issue an instruction defining the scope of work that leads to the milestone.

If this leads to an EoT then so be it.

It is just like undefined provisional sums that do not have to be included in the programme.

Best regards

Mike Testro.
It is a similar situation
Top