DELAY or BREACH OF CONTRACT

Member for

19 years 10 months

Hi Sreejish

Because when the programme is a contract document and an event causes delay then the Engineer must issue an instruction to adjust the programme.

That in itself creates the direct cause and effect on progress.

If the Engineer does not issue such an instruction for an Employers delay event then the contract programme is invalid and Time can be Set at Large.

Best regards

Mike Testro

Member for

19 years 11 months

Hi Mike,

Can you please elaborate on you last para "As a Delay Analysts if the programme's status is a contract document it makes my job much easier because I don't have to consider direct cause and effect."

Why is it not required to consider the casue and effect when the program is a part of the Contract.

Regards

Sreejish

 

 

Member for

19 years 10 months

Hi Tanveer.

The contract programme is usually outside the contract documentation and is not a contract document.

However in respect of your 2 3 4 options then the contractor's programme only becomes a contract document if it is specifically stated as being so and attached to the contract as an appendix or addendum.

When this happens if the Employer or his Agent issues a change order that delays the works then he does not award an EoT but issues a VO to change the contract programme.

If he does not issue such a VO then time may be set at large.

The EoT clauses are largely redundant except for the notice provisions.

If the contractor misses the task dates it is a technical breach of contract but only becomes an effective breach it the completion date is affected.

In which case the Employer or his Agent must issue an instruction for the Contractor to revise the programme and re-submit for approval.

The Contractor will then be subject to LAD's / Penalties.

As a Delay Analysts if the programme's status is a contract document it makes my job much easier because I don't have to consider direct cause and effect.

Best regards

Mike Testro.