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Program to complete works beyond the Contractual Time to Complete.

3 replies [Last post]
Sat, 2016-04-23 12:12
Jose Abraham
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I am working as an Engineer for a Building Project.

Our Contractor has failed to complete the Works within the Contractual Time for Completion.  The delays are solely attributed to the contractor.  

Now, we would like to receive from the Contractor, his programme to complete and hand over the works to the Client.  What will this program be called?  Under which contract clause of FIDIC 1987, can this be asked?  Is there a similar in any standard form of contract to ask for a program to complete outstanding works beyond the contractual completion date?

I think, this cannot be called as a Revised Program, as the time for completion has already elapsed? 

Thanks and Best Regards.

 

Jose VA

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Replies

Sun, 2016-04-24 06:30
#1
Mike Testro
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Joined: 14 Dec 2005
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Groups: Building Information Modelling, Content Moderators, GPCCAR Editors

Hi Jose

It is the same thing - He is not going to complete in time so he must issue a "Revised" programme.

Best regards

Mike T.

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Sat, 2016-04-23 16:21
#2
Jose Abraham
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Joined: 29 May 2007
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Thanks Mike for the reply.

Clause 8.6 calls for a Revised Program to complete the Works within within the Time for Completion.

Here, the Time for Completion has elapsed... True, we need a program to know when the contractor would complete the Works.  But can we call this program a 'Revised Program'?  

Best Regards,

 

Jose

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Sat, 2016-04-23 15:57
#3
Mike Testro
User offline. Last seen 35 weeks 5 days ago. Offline
Joined: 14 Dec 2005
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Groups: Building Information Modelling, Content Moderators, GPCCAR Editors

Hi Jose - Welcome to Planning Planet

You do not tell us which of the FIDIC books you are working under but the principle is mostly the same.

This is from the Red Book 1999.

1. Issue a Notice of Non Completion under 8.7 stating that LD's will be deducted.

2. Require a revised Programme under 8.6.

Best regards

Mike Testro

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