Dear Planners,
The situation I want you all to advise me on is,
- We are a group of companies and having a building project in Dubai (UAE) as the main contractor and contractually liable to finish the project on March 10, 2011. Prior to my joining, we were 180 days behind the schedule in foundation (piling & shoring) work and could not get the extension of time for the said delay, which I think due to lack of knowledge and experience. Also we could not recover that delay so far.
- We haven’t appointed any DAB in the beginning of the contract.
- A company of our own group was the MEP subcontractor who delayed the work more than 120 days.
- We (the main contractor) were much behind the main schedule in the civil works as well.
- The consultant terminates the MEP subcontractor (who was our sister concern) on October 16, 2010
- The consultant appoints the new subcontractor on January 12, 2011 and gave him seven months to completion complete the work.
- All the civil work related to MEP remained stopped.
- After the nomination of new subcontractor, we ask for an extension of time for the civil work following MEP which was refused by the consultant saying that the work (curtain wall, aluminum cladding, garbage chute, tilling etc.) was not stopped on the site. So the contractor is not entitled of the time extension.
Please advice;
Is here any support for us in FIDIC to get the EOT in this case while the consultant took almost three months in appointing new subcontractor, do FIDIC has some clause related to the time for in appointing the new subcontractor? If yes, which is that clause?
Cheers - Tanveer
Great, I look forward to it.
Hi Stephen
I will send you the details
Thanx
This is to complicated for you to explain everything one would need to know in order for somone to answer your question. As an example, you have not discussed the project critical path and what activities on the critical path have been affected. I would suggest getting some outside help. I know this is self serving, but I do evaluate project delays for a living and I can help you with your situation, but I would need schedules, correspondence, and other documentation in order to analyze the project events and determine if you are entitled to a EOT. I can be contacted at [email protected]. To get a better feel for my experience and background you can visit my website at sfdelaneyconsulting.com.
Best of luck,
Stephen F. Delaney
It is difficult for me to understand how you being that Main Contractor the Consultant declared in default a Subcontractor, if a Subcontractor then it is your company responsibility as he is contractually liable to you and you contractually liable to the Owner for his actions.
I believe you are working under a Project Management Type Contract where the Consultant is the PM or maybe a Multiple Prime Contractors Agreement Type. The power, responsibilities and liabilities of the Consultant as well as yours can vary substantially depending on what type of agreement you are working.
My suggestion, keep the issue confidential, don't show others all your cards.
Hi,
Thanx for responding. The contract duration is 854 days (Nov. 7, 2008 to March 10, 2011)
A delay of 180 days in enabling works from main contractor but that is not in the discussion at the moment coz we have already lost that claim. Still for the history I mention here that the enabling works was delayed due to emergence of the pile of the neighboring plot up to 80cm in our plot, and the concrete congregation as well. And those were not mentioned in the site data. Further the water table was also revised by the authority.
The MEP was delayed by 120 days due to late start & slow progress of engineering and procurement and lack of manpower as well.
My question is, can we claim extension when the consultant took three months to nominate new MEP subcontractor due to which the finishing works like false ceiling etc. could not done.
Cheers - Tanveer
please clarify 180 days delay due to enabling works plus 120 days delay due to MEP works?
or 180 days less 120 days will be main contractor's delay?
how long is the contract duration, if all delays are caused by contractor, recovery is a must
Why did the civil work stop? Was it choice of contractor or instruction from client? Was it because certain MEP work had to be completed before any remaining Civil work could progress?
Why was the original MEP contractor removed? You say they are your sister company, but are you considered a single entity in terms of the contract?