We have successfully settled the claim with the Client.
I produced a time line describing the events as they occured and from this I produced a delay schedule in a spread sheet format itemising the effects this had on the overall Programme.
I also went against the Clients wishes and produced a Programme plotting the "As Built" against the original Contract Programme only showing the delayed and affected items.
Luckily in this situation both Client and Contractor wanted to work together again so both parties wanted an amicable solution, but we had left ourself in a vulnerable position with poor administration of the Contract.
The morale of the story here is to administer the Contract properly.
Thank you everyone for your earlier comments.
Member for
20 years 3 months
Member for20 years4 months
Submitted by Charleston-Jos… on Thu, 2008-01-03 09:55
There are several approaches you can make to this task. But here are a few thoughts.
Start with the contract and the agreed contract programme. If there have not been updates you can still compile a claim. Global claims are not automatically dismissed but are not as strong as a quantitative anaylsis showing the effect of defaults on your contract programme.
I would compose a list of defaults that have impacted your works. Then you need an auditable trail of information to back up actual start and finish dates of these defaults.
If you dont have actual updates As planned-impacted analysis can still be used. There are methods that have stronger influence based on actual events, but these will be much more time consuming and costly. As-planned impacted is really a theoretical method that is a mix of contract programme and actual events.
There is no single best method, but the foregoing is one approach worth considering and may be successful.
also remember to reference any source you used and, if you want to recreate the tender programme, try to put yourself in the status of mind of the contractor at the time it was preparing it. Try to avoid any knowledge of the events or it may un-validate your exercise.
L
Member for
22 years 4 months
Member for22 years4 months
Submitted by Shahzad Munawar on Sat, 2007-12-08 19:38
I do agree with Luca that in absence of Contract Programme in NEC Contracts you can never get any Extension of Time because this programme is primarily requirement of this Contract. So if u have no progarmme, prepare it in light of weekly meetings, reports, correspondence, site records and submit it as evidence with your EOT. There is no other way by which you can substantiate your EOT.
The way I would approach this is to collate daily diary information from your Project Manger, supervisors etc and also any weekly progress reports. From this information I would complie an events register and time line for all significant activities and recored delays also I take it that your client would have been notified in writing when the delays occured? Then if your feeling really adventurous I would use the tender program (if it exists)or the key date schedule (again if it exists) and superimpose the actual events to demonstrate visually the EOT.
Member for
18 years 3 monthsRE: E.O.T. Written Evidence appose to Programme
Thanks Oliver & Charleston
We have successfully settled the claim with the Client.
I produced a time line describing the events as they occured and from this I produced a delay schedule in a spread sheet format itemising the effects this had on the overall Programme.
I also went against the Clients wishes and produced a Programme plotting the "As Built" against the original Contract Programme only showing the delayed and affected items.
Luckily in this situation both Client and Contractor wanted to work together again so both parties wanted an amicable solution, but we had left ourself in a vulnerable position with poor administration of the Contract.
The morale of the story here is to administer the Contract properly.
Thank you everyone for your earlier comments.
Member for
20 years 3 monthsRE: E.O.T. Written Evidence appose to Programme
HI Keith,
This should be done in a professional way.
A baseline program must be generated basing on typical building program. This can be easily done by professional planning engineer.
Remember the Marant case.
Cheers,
Member for
18 years 6 monthsRE: E.O.T. Written Evidence appose to Programme
Keith,
I am in the same boat on a project.
You should get the information about delays from your PM, such as emails, documents, meeting minutes etc.
With this information you can create a current programme highlighting the delays and submit it with a narrative,
which should include references to the supporting information.
This is not ideal but if your clients understand your position an agreement can be met.
Member for
20 years 10 monthsRE: E.O.T. Written Evidence appose to Programme
Keith,
There are several approaches you can make to this task. But here are a few thoughts.
Start with the contract and the agreed contract programme. If there have not been updates you can still compile a claim. Global claims are not automatically dismissed but are not as strong as a quantitative anaylsis showing the effect of defaults on your contract programme.
I would compose a list of defaults that have impacted your works. Then you need an auditable trail of information to back up actual start and finish dates of these defaults.
If you dont have actual updates As planned-impacted analysis can still be used. There are methods that have stronger influence based on actual events, but these will be much more time consuming and costly. As-planned impacted is really a theoretical method that is a mix of contract programme and actual events.
There is no single best method, but the foregoing is one approach worth considering and may be successful.
Member for
22 years 3 monthsRE: E.O.T. Written Evidence appose to Programme
Hi
also remember to reference any source you used and, if you want to recreate the tender programme, try to put yourself in the status of mind of the contractor at the time it was preparing it. Try to avoid any knowledge of the events or it may un-validate your exercise.
L
Member for
22 years 4 monthsRE: E.O.T. Written Evidence appose to Programme
Hi Keith
I do agree with Luca that in absence of Contract Programme in NEC Contracts you can never get any Extension of Time because this programme is primarily requirement of this Contract. So if u have no progarmme, prepare it in light of weekly meetings, reports, correspondence, site records and submit it as evidence with your EOT. There is no other way by which you can substantiate your EOT.
Member for
22 years 3 monthsRE: E.O.T. Written Evidence appose to Programme
Hi Keith,
under the NEC form of contract the schedule and its updates are contractual document, different if the contract was a JCT form.
The contractor was under contractual obligation to produce them, failing in doing so is on breach of contract.
Look at the schedule if any, or you will need to recreate one.
In function of the type of records you will able to find you may able to use one or another method.
L
Member for
22 years 5 monthsRE: E.O.T. Written Evidence appose to Programme
Hi Keith
The way I would approach this is to collate daily diary information from your Project Manger, supervisors etc and also any weekly progress reports. From this information I would complie an events register and time line for all significant activities and recored delays also I take it that your client would have been notified in writing when the delays occured? Then if your feeling really adventurous I would use the tender program (if it exists)or the key date schedule (again if it exists) and superimpose the actual events to demonstrate visually the EOT.