I agree with Nestor. The only thing I would add is that you should try and get the clients written agreement that this is an excusable delay now, to avoid / mitigate any arguments in the future.
Once the full site is cleared and made avaiable to you, you will need to do an impact analysis of the delay, and submit an EOT claim as per your contract terms. NB: Contracts often specify the claim must be submitted within x days of the event, but even if it doesnt it is still good practise to get the EOT claims agreed contemporaneously, rather than at the end of the project.
Member for
17 years
Member for17 years
Submitted by Nestor Principe on Wed, 2009-04-08 09:56
If the unavailability of the area is causing delay to the works you will be entitled to EOT. All you need is to formally notify the Engineer that a delay is being incurred and the delay effect is still on-going until the area is cleared.
Cheers,
Member for
16 years 7 months
Member for16 years7 months
Submitted by Michael Shaker on Wed, 2009-04-08 08:33
Will depend on type and detail of your contract, but as a general rule:
-If clearance of the subject area was not part of your original scope of work and the client is late in getting it done, then this can be considered excusable delay -ie basis for EOT. Idealy, you should agree this with the client as soon as the delay occurs.
-If clearance of the subject area was not part of your original scope of work and now you are having to do it, thats a variation. put your submission in for variation to both cost and schedule. The schedule variation will give you a new contract completion date, so no need for EOT. Get the instruction to proceed from client before clearing the area (and factor the time required to agree the instruction into your submission)
If the subject area was not the part of your original scope of work then you can claim EOT, it requires the instructions from the Client and revised programme including the new scope.
Member for
20 years 2 monthsRE: EOT Claim
Michael,
As per 2.1:
1) Check if Performance Security and other required documents has already been submitted to Client.
2) The approved program is already scheduled to proceed on that area.
Be aware of any counter claim from the Client during his/her determination of your EOT claim.
Regards,
R. Catalan
Member for
17 years 3 monthsRE: EOT Claim
Dear Michael,
If your contract is under FIDIC, then you can use Clause 2.1 "Right of Access to Site" and submit your claim according to the clause.
If your Condition of Contract does not outline clearly that you are allowed partially to the site, then you are allowed time and money compensation.
The documents that you need are the Conditions of Contract and your Partial handing over of site letter.
Best Regards,
Samer
Member for
16 years 7 monthsRE: EOT Claim
I agree with Nestor. The only thing I would add is that you should try and get the clients written agreement that this is an excusable delay now, to avoid / mitigate any arguments in the future.
Once the full site is cleared and made avaiable to you, you will need to do an impact analysis of the delay, and submit an EOT claim as per your contract terms. NB: Contracts often specify the claim must be submitted within x days of the event, but even if it doesnt it is still good practise to get the EOT claims agreed contemporaneously, rather than at the end of the project.
Member for
17 yearsRE: EOT Claim
Hi Michael,
If the unavailability of the area is causing delay to the works you will be entitled to EOT. All you need is to formally notify the Engineer that a delay is being incurred and the delay effect is still on-going until the area is cleared.
Cheers,
Member for
16 years 7 monthsRE: EOT Claim
Actually this area is originally on our scope of work,but when the site was handed over to us it was not the whole site area.
basicaly this area is occupied with the infrastructure contractors materials and mobolization.
and we agreed with the client tht the site will be cleared and handed ove to us totally as per the dates we decided at the begining.
so far we are not in a full position to excute the work in the whole area.
Member for
16 years 7 monthsRE: EOT Claim
Will depend on type and detail of your contract, but as a general rule:
-If clearance of the subject area was not part of your original scope of work and the client is late in getting it done, then this can be considered excusable delay -ie basis for EOT. Idealy, you should agree this with the client as soon as the delay occurs.
-If clearance of the subject area was not part of your original scope of work and now you are having to do it, thats a variation. put your submission in for variation to both cost and schedule. The schedule variation will give you a new contract completion date, so no need for EOT. Get the instruction to proceed from client before clearing the area (and factor the time required to agree the instruction into your submission)
Member for
18 years 4 monthsRE: EOT Claim
If the subject area was not the part of your original scope of work then you can claim EOT, it requires the instructions from the Client and revised programme including the new scope.