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Design Issue using Time Impact Analysis [TIA]

9 replies [Last post]
Wed, 2010-03-17 11:59
Shah. HB
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Hi to all

I got an issue pertained to Design. Engineer/Consultant supposed to provide a 100 % Compatible Electrical Design with No objection clearance from statutory authority.But they [Engineer/Consultant]provided an tentative design during the project contractual period and electrical works based on tentative design are underway and major works are completed. Even after the contractual period they failed to provide 100 % Compatible Electrical Design with No objection clearance from statutory authority.There are few activities which is purely based on 100 % Compatible Electrical Design remains suspended.

How this scenario could be presented in TIA

Many Thanks

Shahul

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Replies

Sun, 2010-03-21 11:34
#1
Shah. HB
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I got it Mai.> Thanks
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Sun, 2010-03-21 07:37
#2
Mai Tawfeq
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Dear shahul:

generally to show the impact you have to illustrate tow path first one what was expected and planned and the second one the impacted path for example the power connection has been suspended for x reason so all the related activities such flushing , testing authorities submission will be impacted and how long the completion date will be shifted you claim extension must be .
But look u have to consider the actual status of site once the event start affection .

thanx. mai
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Fri, 2010-03-19 05:49
#3
Shah. HB
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Thanks for your advise Mike .
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Fri, 2010-03-19 04:52
#4
Mike Testro
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Hi Shahul

Adding to Samer’s advice you may want to try this approach.

You know:

1. When the commissioning was planned to start.
2. Any other delays that stopped the commissioning
3. When the commissioning actually starts - or is planned to start.

The difference between dates 2 & 3 is the delay result of the designers default.

You can if you wish put in one big bar to represent the design delay but in this relatively simple case a well drafted narrative will probably do.

Not every EoT claim needs a Bar Chart to support it.

Best regards

Mike Testro
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Fri, 2010-03-19 04:02
#5
Shah. HB
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Many thanks samer
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Fri, 2010-03-19 03:40
#6
Samer Zawaydeh
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Dear Shahul,

You need to stay at the planning stage before you jump into scheduling.

The issue here is to determine the new equation:

Original Contract = Actual Contract + Change

Original Contract: Complete Electrical Design Drawings
Actual Contract: Bits and pieces that too you up to what limit.
Change: you can not commission you project.

I am trying to assist you in determining what actually is delaying you. Write it down on a piece of paper, and determine the activities that are balance.

Once you can figure out the new equation, you can model your activities in the schedule.

With kind regards,

Samer
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Fri, 2010-03-19 02:09
#7
Shah. HB
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Thanks Mike and samer

@ Mike ,it is not a design built contract
@Samer
My doubt is how do I impact a delay event in the consented programme of works ?

As the compatible design is required right from project start,delay event fragnet at this moment looks like impacted as planned .Due delay event occurred right from the project start time period.

Photobucket
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Wed, 2010-03-17 15:56
#8
Mike Testro
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Hi Shahul

I assume this is NOT a design and build contract.

As I understand things this is a recovery claim against the designer who failed to meet his contractual obligations and caused delays.

It is essential that you check the terms and conditions of the designers appointment - be aware that mistakes are not necessarily the same as negligence.

Check the designers Professional Indemnity Insurance - this is two pronged:

1. If there is no insurance then it may not be worthwhile to pursue a claim unless the partners have signed a Joint & Several agreement - alternatively if they are a Limited Liability partnership then you will have difficulty recovering anything beyond the limit.

2. If there is insurance then the insurance company will put up a strong defence to protect any payment.

From what you have said it should not be difficult using TIA to demonstrate cause and effect and the quantum value of the event - collecting it is the problem.

Adding to Samer’s advice please consider that some M&E systems cannot be commissioned until the telecom & IT systems are in place and ready - Lift and Fire are two examples.

Best regards

Mike Testro.
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Wed, 2010-03-17 15:34
#9
Samer Zawaydeh
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Dear Shahul,

This will be treated like any other variation to the APPROVED baseline.

It depends on what you have submitted at the initial stages and what you are expecting to change.

It seems that Contracturally you have a solid case. That is great. Now it is time to identify the activities associated with the change, the planned activity date, and the actual activity completed date.

Chances are you are talking about Fire Alarm systems and Main Electrical Room/ connection with the authorities. The majority of the Conditions of Contract will ask you to commission the systems (Contractor’s responsibility). If you do not have the main power, you can get some supporting documents from the suppliers stating that their systems will not function properly under temporary power, and that their warrenty does not cover this case.

If the ultimate goal is to achieve an EOT, then it is obvious that this is the minimum that the Client can give you. If on the other hand, you want to submit a loss of productivity claim, then I suggest you submit the necessary supporting documents regularly showing clearly your expenditure.

With kind regards,

Samer
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