Forensic Claims Analysis

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Referencing AACE + others in claims documents [proper practice]

A
Aidan Kelly 👤 Member for 15 years 1 month

Hi All

In the case of claim documents EOT/disruption etc is it acceptable, good practice or advisable to refer to standards such as AACE 29R-03, SCL protocol or any other industry documents when compiling a claim?

I understand there are no standards or legislation in claims but does referring to some of these docs, especially say 29R-03, add any credibility to the document?

Or is it best to stay clear of any referencing and keep the water merky?

Appreciate all input.

Aidan

 

 

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Ownership of Float

Greetings of the day,

Ownership of float, whether it belongs to employer or contractor. Is it necessary to mention in the contract, if it is not mentioned in the contract to whom it will belong.

For example an employer delayed a non critical activity for 90 days and the float for that activity was 50 days. bcoz of this the project got delayed. Is contractor eligible for an EOT 90 days or just only 40 days.

Thanks n Best Regards

Mudasir Mohammad 

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Mandatory Start Constraints

A
Aidan Kelly 👤 Member for 15 years 1 month

Hi All

A quick question on constraints in particular the dreaded mandatory Constraint.

 

FYI this is more of a hypothectical contractual question although something similar has happened on one of our contracts.

 

If a client requests a mandatory constraint to be used for an interim milestone in a schedule (which is not the start or finish) what affect will this have? I understand that these connstraints in a way affect the forward and backward pass computations and force a result on a schedule.

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Is it a variation order or claim?

Dear All,

We are dredging co.,we have contract consists of 2 phases,the first to dredge up to -4m,the second to dredge up to -8m.

Each phase has certain time and rate .

During the 1st phase duration ,the owner instructed me to dredge up to -8 directly (of course to save the remobilization cost and time).

Is that a variation order or a claim?

As the owner transfered some works from the phase 1 to phase 2.

Thanks and Regards,

 

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Tender V Approved construction program for EOT etc

Hi,

I am new to claims etc. I have been brought in on a project as a project planner, and i was given a copy on PDF of the original tender program - the person completing the tender has left the company and i have not got a software version of his program.

Anyway, i have built up the construction schedule, which follows a different methodolgy than the tender - this is because the client has had an input when we should be doing things (due to the fact that they need to intergrate different civil contractors).

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Impacted vs as-Planned Tips

A
Aidan Kelly 👤 Member for 15 years 1 month

Hi All

 

We are about to conduct a forensic analysis for EOT entitlement, work is still in progress and one could probably say 'Time is at large' on the project.

The only option seems to be Impacted vs as-planned for each change/delay event that has been recognized. The baseline is basically rubbish.

 

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How can I get the constructive acceleration in Kuwait

Dear All,

Is there any way to get the constructive acceleration in the countries those do not implement the same concept, like Kuwait?

and how can confince the court? specialy that the five condisions of the constructive acceleration verified.

Thanks,

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Valuation of a Variation

F
Faz P 👤 Member for 14 years 6 months

Hiya folks, I'd just like to ask that after reading the following scenario, and assumingq that both the Client and the Contractor have agreed that the valuation wil be done by a QS. I'd just like to know how the QS would value it. (I'd appreciate it if you can add figures to explain)

Scenario:

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