I am not sure that the matter of Pain/Gain Share is the primary issue here, though I agree that it may be a factor.
Surely the main point here is that if the Contactor has an inexcusable delay of 4 weeks, then he has an overriding responsibility to make good that delay. Failing to do so will inevitably cause him pain.
I am not convinced that the Contractor can rely upon the float in the schedule. (I presume that you mean in this context that the Contractor could argue that he is allowed to complete later due to the float in the schedule???). In such a case the float would disappear faster than snow in the desert!
Perhaps, as Uri suggests, you can explain your particular problem a little further before we all offer inconsistent advice.
Member for
21 years 4 monthsRE: NEC Target Cost - Pain Share/Gain Share
Eric,
I am not sure that the matter of Pain/Gain Share is the primary issue here, though I agree that it may be a factor.
Surely the main point here is that if the Contactor has an inexcusable delay of 4 weeks, then he has an overriding responsibility to make good that delay. Failing to do so will inevitably cause him pain.
I am not convinced that the Contractor can rely upon the float in the schedule. (I presume that you mean in this context that the Contractor could argue that he is allowed to complete later due to the float in the schedule???). In such a case the float would disappear faster than snow in the desert!
Perhaps, as Uri suggests, you can explain your particular problem a little further before we all offer inconsistent advice.
Cheers,
Stuart
www.rosmartin.com
Member for
22 years 5 monthsRE: NEC Target Cost - Pain Share/Gain Share
Eric,
Look at the Contract. The answers should be there. Could you briefly describe how the Contract refers to this problem?