Evaluation of EOT Claim and Actual Manpower

D
Dura Cell 👤 Member for 15 years 6 months

All, The contractor submitted an EOT based on impacted as planned method.I evaluated using the same method and found out that Contractor is right for the number of days claimed.Looking on the actual manpower vs. planned manpower, Contractor has only 20 men out of 100 men on the impacted activity. As a consultant, is it possible to reject Contractor's EOT claim because their actual manpower is less than what was planned? Thanks in advance

Forensic Claims Analysis
H
Hamid Rana 👤 Member for 11 years 4 months
· Permalink

Hi Dura

1 - If Contractor had 175 men present at site then he would have asked for the idling compensation or loss of productivity, taht would be not good for you.

2 - He has a point that why should he brought the planned manpower when their is no permit to start the work, or he could brought but on your cost !

3 - It depends on the timing, did he inform you that he could not arrange the planned manpower before the delay event or after ? In the formal case he would not get the EOT/compensation becuase he could not completed the work even if their had been no delay in the work permit from your side, in the later case there is no point to bring planned manpwer in the basence of work permit.

 

regards

hamid

M
Mike Testro 👤 Member for 20 years 5 months
· Permalink

Hi Dura

The event delayed the start of the works.

You have moved the start date from 1st Aug to 3 Sep and rescheduled - that is the correct method and the contractor is entitled to the EoT.

However you now seem to be in a Time Impact situation where the actual progress may be beyond the extended completion date.

If the cause of this further delay is lack of planned resources then the contractor does not get any prolongation costs but he still gets the EoT award for the late start but he pays LAD's thereafter.

Best regards

Mike T.

D
Dura Cell 👤 Member for 15 years 6 months
· Permalink
Thanks for the reply Mr. Mike.
 
I'd like to ask another question, the Delay Event is the delay of Consultant to issue to contractor the building permit. As per baseline programme the building permit is scheduled on Aug. 01, 2014, in actual the building permit was issued to Contractor on Sep. 03, 2014. Contractor is claiming 33 Calendar Days EOT using impacted as planned method.
 
Our assessment, using impacted as planned method, If I use to analyze their actual manpower on site before and during the delay event, the Planned Manpower = 175 and Actual Manpower = 50, Contractor cannot claim because of their very less manpower on site.
 
My question is what if the Contractor writes a letter to us saying that we only have 
50 labors on site because we do not have a building permit.What is the best way to deal this kind of situation?
 
Thanks in advance
M
Mike Testro 👤 Member for 20 years 5 months
· Permalink

Hi Dura

On an Impacted as Planned the durations of the tasks must remain the same as the original baseline.

If the 20 men resource has changed the duration of the task then it must be revised to the original.

Best to go back to the original baseline with the original resources.

Best regards

Mike Testro

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