Delay in Subcontractors Nomination

Dear khalil masoud,

This depends upon the method you decided to calculate the delays. If you consider the updated schedule you will be able to separate between the delay caused by the general contractor and you as owner representative.

However the time impact based on the programme clause 14.1 you will not be able to separate between the causes of delay. in addition the total float will be considered for the benefit of the project itself, so delay will be calculated after dissipation of total float. Also the delay analysis will show the responsibility of each party.

Delay in nominating subcontractor give the contractor the right to claim for EOT. You have to prepare the time impact on the approved baseline schedule, that matches fidic as the total float is owned to the project.

Ashraf,



Late nomination would normally give rise to an entitlement for an EoT but comes down to the wording of your contract. On what basis does your contract say EoT’s are granted - eg, likely delay or actual delay. Any provisions dealing with concurrent delays, (probably not)? Any delay has to be related to the progress of the works, not the original baseline, so the Employer might be late, but if the contractor is also, the employer might not be causing any delay.



Too little information to form any conclusions, could be anywhere between zero and 5 months EoT due.

before issuing the nomination of the subcontractor as delay event which well known earlier, you have to have up gate progress report in which you observed 4 months delays from the contractor side.

study the impact of the delay ,in issuing the approval and nominating the subcontractor,on the approved baseline program taking into consideration the realiestic program of the nominated subcontractor to complete his job.

Khalil,



This should be done before the nomination is issued to the contractor so that no extension of time is due. I would also, as a separate issue, request that the contractor produces a revised programme showing how he is going to recover his current 4 month critial delay.



Roger Gibson

Khalil,



If the project is currently 4 months late, i.e. the current progress update of the project shows that completion of the project is forecast to be 4 months later than the contract date, then if the contractor can demonstrate, through a ’time impact’ analysis that a client’s nomination is likely to delay the contract completion by say 5 months then he is entitled to an extension of time of 1 month. The contractor may then argue that he is entitled to a 5 month eot, as he intends to recover his own 4 month delay (by additional overtime, increased resources, etc).



All this is subject to the conditions of the Contract between the client and contractor.



Roger Gibson