Ive almost got the approval (approved with conditions). I simply made it clear in the weekly meetings that without an approval of the baseline, the updates would be futile, not logical and non-contractual and hence, so would the weekly meetings. The consultant saw thru this!!
I agree that in principle the Main Contractor can object to a Nominated Subcontractor as per Clause 59 of FIDIC.
However please note the concerns of all parties first of all. The Client wants you to sort it out with the Subcons - You may not have provided enough leeway to the Subcons and could hold the Client later on. Remember that even the Subcons need time to do their part in the project. All the experienced project professionals generally do know the reasonable time required for various scopes depending on the project. The main thing here is to be reasonable. The Project can be successful only with the cooperation of all. The prime thing is Client Satisfaction - You can read all about it if your firm is trying to get ISO 9001:2000. So forget abrasive approach and keep positive and positive and positive approach. Rejection and confrontation are extreme measures to be deployed selectively. In case you are a process owner than you should realize that process can be improved only with positiviy and confrontation / litigation are generally wasteful excercises leading to all kinds of losses - learn to avoid them at all costs!
Remember that roles keep on changing and sometimes even large firms take on the work as Subcons.
FIDIC does not impose any time limit for the consultant to give consent to the programme.
However, normally the contract contains a maximum period for the consultant to reply on submittals. Notify him that he has exceeded this period.
If you are using FIDIC 4th, clause 1.5 says "Any such consent, approval, certifiate or determination shall not unreasonably be withheld or delayed". Notify the consultant accordingly. If he continues to disregard your notices, send him a letter telling that you consider that a dispute has arisen on the period of reply to the programme and ask for the Engineers decision under clause 67 regarding this period. He has the obligation to answer within 84 days.
Concerning his request that the subcontractors must approve the programme, ask him where in the contract it is written so. In addition, in FIDIC 4th the Contractor can object on the nomination of a subcontractor if he refuses to comply with his programme.
In my long stay in Middle East I have come across only a few consultants who are willing to provide a definite approval of the programme. After your initial submittal the Client had advised you to make a few adjustments. Once you have incorporated the Client/Consultant comments and have officially submitted it the program stands for all purposes. The normal practice in Middle East is to have 21 days review period. It is preferable to have formal approval though.
You can continue updating the program but for any revisions you must seek approval of the Client/ Consultant. The best way forward is to be able to maintain a good dialogue with them and keep them onboard. It is mostly your interpersonal skills that will matter.
When it comes to subcontractors it is again more of your interpersonal skills - talk to them, discuss with them and have them aboard. Remember the program is only a tool in the end to achieve the aim - successful project completion to the satisfaction of all parties!
Member for
21 years 6 monthsRE: Baseline Programme Approval
Thanx Raj & Joe,
Ive almost got the approval (approved with conditions). I simply made it clear in the weekly meetings that without an approval of the baseline, the updates would be futile, not logical and non-contractual and hence, so would the weekly meetings. The consultant saw thru this!!
Member for
21 years 5 monthsRE: Baseline Programme Approval
I agree that in principle the Main Contractor can object to a Nominated Subcontractor as per Clause 59 of FIDIC.
However please note the concerns of all parties first of all. The Client wants you to sort it out with the Subcons - You may not have provided enough leeway to the Subcons and could hold the Client later on. Remember that even the Subcons need time to do their part in the project. All the experienced project professionals generally do know the reasonable time required for various scopes depending on the project. The main thing here is to be reasonable. The Project can be successful only with the cooperation of all. The prime thing is Client Satisfaction - You can read all about it if your firm is trying to get ISO 9001:2000. So forget abrasive approach and keep positive and positive and positive approach. Rejection and confrontation are extreme measures to be deployed selectively. In case you are a process owner than you should realize that process can be improved only with positiviy and confrontation / litigation are generally wasteful excercises leading to all kinds of losses - learn to avoid them at all costs!
Remember that roles keep on changing and sometimes even large firms take on the work as Subcons.
Member for
23 years 1 monthRE: Baseline Programme Approval
FIDIC does not impose any time limit for the consultant to give consent to the programme.
However, normally the contract contains a maximum period for the consultant to reply on submittals. Notify him that he has exceeded this period.
If you are using FIDIC 4th, clause 1.5 says "Any such consent, approval, certifiate or determination shall not unreasonably be withheld or delayed". Notify the consultant accordingly. If he continues to disregard your notices, send him a letter telling that you consider that a dispute has arisen on the period of reply to the programme and ask for the Engineers decision under clause 67 regarding this period. He has the obligation to answer within 84 days.
Concerning his request that the subcontractors must approve the programme, ask him where in the contract it is written so. In addition, in FIDIC 4th the Contractor can object on the nomination of a subcontractor if he refuses to comply with his programme.
Joe
Member for
21 years 5 monthsRE: Baseline Programme Approval
Dear Bishwas
In my long stay in Middle East I have come across only a few consultants who are willing to provide a definite approval of the programme. After your initial submittal the Client had advised you to make a few adjustments. Once you have incorporated the Client/Consultant comments and have officially submitted it the program stands for all purposes. The normal practice in Middle East is to have 21 days review period. It is preferable to have formal approval though.
You can continue updating the program but for any revisions you must seek approval of the Client/ Consultant. The best way forward is to be able to maintain a good dialogue with them and keep them onboard. It is mostly your interpersonal skills that will matter.
When it comes to subcontractors it is again more of your interpersonal skills - talk to them, discuss with them and have them aboard. Remember the program is only a tool in the end to achieve the aim - successful project completion to the satisfaction of all parties!