claims

A
Andrew Flowerdew 👤 Member for 21 years 5 months

My view is that either party may use the float, no one owns it, however if by doing so the Employer causes the Contrator additional expense (eg disruption) then it is recoverable by the Contractor.

C
Charleston-Joseph Orbe 👤 Member for 20 years 10 months

Hello Stuart,



I thank you for the reference.



The approach to float is reasonable.



It did broaden my understanding of floats. I believe it will help me in my planning job and also in analyzing claims for extension of time including associated prolongation cost.



Cheers,



Charlie

C
Charleston-Joseph Orbe 👤 Member for 20 years 10 months

Hi Stuart,



Generally, i still believe that the contractor owns the float. This is because I always work on the contractor side.



Way back in 2001, when I worked in Papua New Guinea, my colleague depended his position that the contractor own the float. It is also at that time that I did a little research and discover some article stating the the float belongs to the contractor. I read an article that the contractor owns the float.



Time changes because because in one proposal I have, it was very clear in the tender document that the float shall be shared between the owner and the contractor.



In one claim exercise I’m involved with, the analysis of client’s claim consultant was that the client own the floats. How he got the idea I dont know.



Now ... where will this lead us. Who owns the float?



This is very important in claim analysis, it makes a lot of difference in money matters that may involve millions, USD, depends upon the size of the project.



Cheers,



Charlie

S
Stuart Ness 👤 Member for 21 years 11 months

Charlie,



I am not sure of the basis of your view, but in any event many Contracts allow for the Parties to reconsider their total Agreement if part of the Works is suspended for a period of six months, and allows either Party to terminate the Agreement at that time.



Cheers,



Stuart



www.rosmartin.com

C
Charleston-Joseph Orbe 👤 Member for 20 years 10 months

Hi,



I don’t think so that the owner have any right to float in the event that the project was delayed for more than one year from the original completion date.



IMHO,



Charlie

S
Stuart Ness 👤 Member for 21 years 11 months

Hi

As to the Owner’s rights to float, and other changes to your schedule, this may depend on the wording in your Contract and your interpretation of it (as always…. ;-) ) . [Answer: yes, he probably does!!]



If the Owner suspends an activity (part of the Works?), then this is likely to affect the overall schedule for the entire Works, not just in terms of duration, but also in terms of sequencing etc..



If you only have a hard copy, then your solution is probably a hand job to input the data.



Cheers,



Stuart



www.rosmartin.com

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