Contractor Claim for EOT

M
Mike Testro 👤 Member for 20 years 5 months

Hi Ulysses



It is a common practice for claiments to base their analysis on a devopment of the Contract Programme - particularly in respect of forensic claims.



Make sure that the programme submitted with the claim is identical to the one used in the contract - it could have been rigged.



Best regards



Mike Testro

U
ulysses garcia 👤 Member for 20 years 9 months

Thanks it’s very informative ,however, please clear me something about your statement below,



3.4 Remember that the easiest way to defeat an EOT is to demolish the baseline programme.



what is your motive why to demolish the baseline, wherein fact it is the basis to check from the actual work.

uly

U
ulysses garcia 👤 Member for 20 years 9 months

Thanks it’s very informative ,however, please clear me something about your statement below,



3.4 Remember that the easiest way to defeat an EOT is to demolish the baseline programme.



what is your motive why to demolish the baseline, wherein fact it is the basis to check from the actual work.

uly

U
ulysses garcia 👤 Member for 20 years 9 months

Thanks it’s very informative ,however, please clear me something about your statement below,



3.4 Remember that the easiest way to defeat an EOT is to demolish the baseline programme.



what is your motive why to demolish the baseline, wherein fact it is the basis to check from the actual cpm?

uly

M
Mike Testro 👤 Member for 20 years 5 months

Hi Ulysses.



1. Check that the claim is valid under the terms of the contract - get advice form your lgal team.

2. Review the method of analysis that has been submitted - if it is a global claim then require that proper cause and effect is demonstrated in the proper format:

2.1 Impacted as Planned for ongoing work

2.2 Time impact analysis for completed work

2.3 Any combination of the above.

Note: As Planned v As Built is useful for sub-contract packages but not for Main Contract works and As Built but For is defeated by challenging the logic links placed in the As Built programme.

3. Check that the baseline programme has not been rigged to suit the claim - ask for an electronic copy of the original contract programme and the compare things such as:

3.1 Calendars and work patterns.

3.2 Time units and durations of activities.

3.3 Links float and criticality.

3.4 Remember that the easiest way to defeat an EOT is to demolish the baseline programme.

4. Ensure that any list of events includes all the Contractor Culpable events - also ensure that:

4.1 The event impact date is correct - a date on an instruction or drawing may be retrospective and the changed work started much earlier.

4.2 The correct event has been selected for impact - there may be more than 1.

5. Carefully check the As Built record for any mistakes using your own data and photographs.

6. Review the method of analysis to check that it has been properly applied - you may need the input of a skilled delay analyst for this section but it will be a good investment.

7. If the claimant has proved his case then award a timely and reasonable EOT.



I trust this is of assistance



Best regards



Mike Testro.

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