Engineer Not Responds EoT Claim Until the Revised Finish Date

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

M
Mike Testro 👤 Member for 20 years 5 months

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.

T
Tanveer Ahmad Niazi 👤 Member for 20 years 5 months

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

M
Mike Testro 👤 Member for 20 years 5 months

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

Forum Sponsor

Top Posters

Julian Pegg
1 posts
Peter Nagy
2 posts
Raymund de Laza
17 posts
Syed_Asad
0 posts
Tony Greyvenstein
0 posts
Ahmed Al-Jubouri
13 posts
Umar Alvi
3 posts
Sibusiso Mahlalela
0 posts
Michael Samanyayi
3 posts
Simon Gumede
0 posts