Extension of time claim in UAE Countries (Ramadan Month

Hi,Clive



I agreed completely with your assumptions, analysis and view.



can you tell me your opinion in the possible proposal to give the cotractor one month EOT and to compensate him by paying the addetional cost for accelerating the works and working extra hours above the normal working hours in order to palance the required daily productivity.

Mr Hareesh,



My opinion on this issue is something for a contractor to think well before finalisng a clause 14 (contract prog widely known in UAE) is to set the calendar very calculative well in advance....



See in your case the eot period which is approved falls in the period of ramadan and there is only 60% of the normal productivity....So the very next point which the engineer will make when the contractor asks for an extra time claim for lost productivity is ......why the calendar which was earlier set for the construction period not showing the decreased productivity?????and now when the eot is awarded u need to get more time for the same which is illogical..



so care should be taken well in advance while setting the calendar or your CL-14 need to be resource loaded for substantiating the productivity loss based on the manpower histogram (which ultimately is based on the productivity rates...)



Am I logical????????????????



Francis

Hi,

I beleive that the engineer/client has to consider all thos cases during their study and analysis of the contractor’claim .

the situation will be different from case to case and the recommendation will be changer accordigly.

however, the contractor has to submit his claim with the impacted programe and all other supporting documents in order to support his view .

The engineer/client has to review the contractor’s claim taking into consideration all the events and causes.

The client may insist to complete the work within one month EOT and pay to the contractor the extra cost to work extra daily working hours in ramadan(to compensate the low of productivity due to the less in normal working hours) which is allowable specially for non muslim pepole.

Calculating loss of productivity (and) considering reduced % of working time is the same thing.

John & Jawad have the correct idea

Haresh,



Convert the time extension into ’Man-Hours’ and then apply the EOT to the project.



The effect -



Since the working hours are reduced to 60 % of the normal during the month of Ramadan, the extension gets applied appropriately. And, the client / consultant won’t have any issues.



Secondly, when you are doing your TIA (Time Impact Analysis), you have to assess your risks properly. As such, you should have given due consideration to Ramadan, Holidays, Weather, etc.



Hope this helps.



Happy Planning!



Vishwas

Dana,



The Base of entitlement was not RAMADAN itself, it was shifting the activities (due to another issue-causation) into Ramadan month which is of low productivity and low working hours….etc. The difference in productivity assumed by the planner in the Ramadan month is expressed in the Calendar.



We are not saying "Ramadan Came" so we need EOT, instead we say we could have completed one month before Ramadan you forced us 2 months one of them is Ramadan and because the productivity of Ramadan is lesser than any other month by the amount (detailed as assumed in the calendar) the granted EOT must be greater than 2 months.



Mr. Kumar says we did not take the effect of Ramadan into consideration when preparing TIA and requesting the EOT can we modify the requested EOT?

The Answer is that: in the current phase the employer considers himself done with this issue, and it is difficult to convince him to follow the analysis again, but the right of the Contractor to modify the Analysis is maintained under the law if he reserved the right and notified his intention to do so,,,,,





John Whitney, I totally agree and it is a legitamate right to the Contractor,



Regards,

Haresh,



In my view, if the contract was originally not including Ramhadan, yet the EoT pushes you into the Ramahdan period then you would certainly be entitled to extra EoT as a result. This is the same principle as having a contract that was due for completion before winter yet where the EoT pushes the end date you into the winter working period . This is a well-recognised concept in the UK where it is known that winter working produces loss of productivity.



I would go for it on this basis.



Cheers,



John

Jawad



" However if both parties signed the agreement then your chances is not that much. but you right is always maintained under the law (remember this fact)"



Ya but we dont have any extension of time for ramadan in jordan , so it is not coverd by the law.



Just for information, in jordan EOT can be gained for winter seasons, decrease in labour ...etc but not ramadan

HI,

I do not know what was the method you used in evaluating the EOT, but if you used TIA then Ramadan effect should have been considered in the Activity Calenders you used.



If you used The TIA method in proving your entitled EOT, and since you passed the establishing entitlement phase you can recall for a revised TIA. However if both parties signed the agreement then your chances is not that much. but you right is always maintained under the law (remember this fact).

Hi There,



That was good question but as a contractor a claim is made based on the fact you foresee the holy month of Ramadhan like you do when you do in your baseline programme. Once you have submitted and agreed the mutually with the client / consultant on your "CLAIM" i dont think you could ask for futher EOT .



Regards