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Fidic - who is liable for multiple rework due to rain

4 replies [Last post]
Olivia RSA
User offline. Last seen 11 years 7 weeks ago. Offline
Joined: 28 Aug 2011
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Hi Guys We are on a piping job using fidic and we are suffering huge delays due to reworking the pipe bedding up to 7 times sometimes due to rain.Ripping it all out etc.Our contract states rain EOT will be calculated using annual rainfall figures and extreme rainfall will be compensated using the usual formula which Is pretty straight fwd Have any of you worked on a piping project using fidic, who is liable for the rework of bedding we are losing weeks at a time even with small sections Thanks in advance

Replies

Mike Testro
User offline. Last seen 35 weeks 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Reece

Just a few questions to clarify the situation.

You wrote 

"suffering huge delays due to reworking the pipe bedding up to 7 times sometimes due to rain.Ripping it all out etc """   """

What else was causing the loss of the pipe bed?

Did you originally plan to lay pipes in the rainy season?

Or did earlier delays drop you into it?

Or is this rainy spell quite exceptional.

Is the damage caused by direct rainfall or flooding due to excess rain? An insurance claim may be possible for the physical damage and maybe the delay.

Can you overlay the pipe bed with a protective Terram membrane to stop contamination? (roll it off downhill).

Looking forward to your responses.

Mike Testro

Rafael Davila
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Joined: 1 Mar 2004
Posts: 5241

Unfortunately Builder's Risk and Construction insurances usually exclude rain. Still my sentiments are with you as we know well about rain. As a matter of fact your South Africa rain eventually travels the Atlantic and sometimes get to us in the form of a hurricane.

Today is just another day we expect torrential rain.

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We deal with the issue working around it. For large footing work, during rainy season we pour a cement base and place on top the reinforcing steel. Small footings we excavate and pour on the same day. For pipe bedding we keep short excavations open and use gravel for bedding. At times we use geo-textiles. At times bedding is specified as a special concrete mix that can be machine excavated and because of its low cement content is cheaper than regular mix.

Olivia RSA
User offline. Last seen 11 years 7 weeks ago. Offline
Joined: 28 Aug 2011
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if it was rework once or twice one could still try absord, but im not joking when i say up to seven times lady luck is really not on our side and surely we must have some kind of foot to stand on

Rafael Davila
User offline. Last seen 1 week 4 days ago. Offline
Joined: 1 Mar 2004
Posts: 5241

In our Lump Sum contracts [not FIDIC] usually EOT due to rain is a shared risk meaning time of contract is extended. No need for acceleration or it will be extra cost, no liquidated damages will be applied to EOT.

EOT does not necessarily means increase in contract amount, in case of rain in our contracts EOT due to rain usually means there will be no increase in contract amount just time.

With regard to other costs each party assume whatever it cost to each party. Rework and extra contractors overhead is assumed by Contractor while extra owners overhead and loss of use of facility is absorbed by Owner.

There might be exceptions such as in the case delays by Owner get you in extra rain days otherwise you would not get into because if not of the delay you would have finished the job. Here rework is an interesting complication to the issue.