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Hi to all,
Does anyone can guide me if what is the best way to claim a delay of the Project, due to the following;
1. How to reflect the Delay of Payment in the Programme or any alternative way to Claim the delay of Payment???
2. Delay events should be impacted in what programme??? Is it the submitted revised programme or the updated programme??? In addition, after we apply the impact of the 1st delay events, 2nd delay events and so on should be impacted in same programme as the programme we applied the 1st delay events???
3. As advised by the Engineer, Revised Programme has been submitted since the last 5 months, but the Engineer did not approve till date. Can I assume that the submitted Programme is approved??? Is there any clause in FIDIC that this will be considered as approved? Since there is no clause in our condition of contract regarding the same.
Any help is very much appreciated.....
Cheerssss
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Dear All,
as per the contract, if there is a delay from the client to pay the interm payment to the contractor then the cotracor has the wright to suspend ,slow down the progess or stop some works or finally terminate the contract.
so it is thecotractor option to deal with the case based on the above, if the contrator seclect to slow down the progress or stop certain activities untill he got paid then he can specify and notify the client about his slow down, suspwntion or stopage of these certaing activity and we he got paid he can easly evalute the imact of the delay period on the program and he can granteed EOT with assiocaiate cost accordingly.
updated prgram to be used for assesement the EOT
as per the contract the egineer has to reply in reasonable time and as per the normal practice in the construction projects this reseanoble time is between 2 weeks to 4 weeks based on the copmlexity of the submittals.
Regards
Hi Jsame
The actual progress on site is used to check the accuracy of the impacted events which are entirely theoretical.
So if an impacted event shows a 10 day delay on a task but the progress shows 8 days then the entitlement has to be adjusted accordingly.
Best regards
Mike Testro
Hi Mike,
You mean we will consider only the approved programme not the updated approved programme???
First delay event should be impacted in the approved program, on that same programme next delay events will be impacted, so it means a series of delay events will be impacted continuously in the approved programme without applying the actual progress on site???
Thank You.
Hi Jsame
It is very difficult to eastablish cause and effect on progress due to delayed payment. I suucceeded in one case because I could demonstrate that because of restricted cash flow the contractor was unable to make an advance payment for the shipping of a key piece of equipment that was clearly on the critical path - but it has to be that sort of cause and effect.
The first delay event has to impacted on the approved programme at that time. This should result in a new approved programme when the EoT is awarded. The approval may require some adjustments to logic or resources before approval. The next delay event is then impacted on that approved programme.
If no such further programme is approved then impact the next event on the previously impacted programme.
Best regards
Mike Testro
Email: PPadmin@planningplanet.com
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