Dear All
1- The Revised Finish date is 02-02-YYYY
2- An EoT claim submitted by the contractor on 01-01-YYYY
3- Engineer’s letter to submit Recovery Program (FIDIC 1999) clause 8.3 & 8.6 on 03-01-YYYY (after the submission of EoT and 30 days before the revised finish date)
4- Many of the material have not been delivered by a Third Party until the Data Date, while the Employer has sent numerous reminders.
5- The remaining work is not possible to finish in the time from the Engineer’s letter to the Revised Finish Date even with the double of manpower and 24 x 7 operations.
6- Data date is 01-03-YYYY
Q-1 Is the Engineer’s letter logical?
Q-2 what is the status of the Revised Finish Date on Data Date?
Q-3 LDs are due by the Data Date?
Need experts’ comments
Hi Tanveer
You will see that I have deleted some of your answer.
Do NOT say such things in an open forum.
Final warning.
Mike Testro.
Dear Mr. Tastro
Thank you for your adised.
1- Some material is to be delivered by a local authority that has not been delivered so far even the schedule of the delivery hasn’t been sent to us.
2- Some material was supposed to provide by the Employer that hasn’t been delivered to date.
3- Some of the material hasn’t been approved by the Employer so far (to date)
4- Some of the design hasn’t approved by a local authority.
There were only 30 days left to finish the project on its revised finish date when the Engineer asked for the recovery program.
Cheers - Tanveer
Hi Tanveer
Some questions first.
Is the late delivery of third party materials:
1. The Employer's problem?
and
2. The cause of the delay?
If yes to 1 & 2 then what is the point of accelerating non critical tasks.
The Engineer is allowed to ask for a recovery programme which should include a milestone for the material delivery.
0% progress on the milestone will demonstrate a rolling delay to completion and help establish your EoT.
Best regards
Mike Testro