EOT on contractual milestone
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Hi Roland
See threads #2 & #5
Best regards
Mike Testro
Dear all,
Correct me If I am wrong, the person who asked the question mentioned delay to the milestone but then stated that the project completion date has not itself been delayed.
So the reasonable answer is to see if the contract clauses allow for EOT and therefore prolongation claims for delayed milestones as well.
If it doesnt then hes not really allowed any EOT and any insuing prolongation claims but he can still present a Disruption/labour-overrun claim as it doesnt really depend on the criticality of the activity itself in the schedule.
Roland
Dear Santhosh,
If the Delay is from the Client side, then the Contractor has the full right to claim for EOT not the Owner.
I agree with you, the first option should be amicable settlement.
With kind regards,
Samer
If the delay is form clients side , Owner has full right to ask for EOT. As you said it has got affected in one of the deleverable milestone.
Moreover, after evalutaion of submitted EOT, cost for the extended duration a perticular mile stone(since it is not affecting) can be waived off of agreed on gentleman discussion.
The case is simple according to me coz it has not effect on project completion, so just dont apply LD on this milestone if the delay is from client.
Dear Ashraf,
This is a standard claim. You need to make sure that it is submitted as per the Conditions of Contract regarding the time of submitting the notice of the claim and the required supporting documents.
Best Regards,
Samer
Hi Ashraf
Unless the contract clearly states that the Contractor is not entitled to an EoT on an idividual milestone then he should be granted a reasonable extension for the delay caused by the employer.
The fact that no other milestone or the completion date has been affected is irrelevant.
There may well be specific costs in respect of deployed staff and plant that related to the milestone - in which case they should be paid.
Best regards
Mike Testro
Dear Mike, Samer
the client caused the delay, put this delay did not effect other milestones.
i am studying this EOT the contractor ask for time and cost for the impacted Milestone put neither the other milestones nor the finish of the project have been impacted as per the submitted impacted program.
thanks
with regards
Dear ashraf,
Who caused the delay (Contractor or Owner)? And what is the effect of this delay on the other milestones.
Do you want to prepare the EOT or to study the EOT?
With kind regards,
Samer
Hi Ashraf
In most standard conditions of contract then:
If the Contractor is entitled to an EoT for the late delivery of the milestone then he should be awarded what is reasonable and thus be releived of LADs.
The same goes for all the other milestones and the final completion.
Best regards
Mike Testro