Issues out of our control include late approval of key materials by the Client, weather risk, and refusal by the asphalt supplier to guarantee the surface works if laid during the winter months. In addition, we have landscape planting which, according to the specification, must be planted at certain times which fall outside of the acceleration window. Currently we have a significant number of CE's issued by the Client which have effectively pushed out the programme. This has been recorded in updated pfa's which up until August were accepted and indicated a completion date of next March. Key reasons for the CE's were late release of areas by the Client, design change, incomplete enabling works (done by others) in handed over areas requiring re-work (outside of our original scope) thus causing more delay. Essentially we are endeavouring to achieve the deadline but have continually made the Client aware that there are certain elements of the works which are impossible to achieve and have substantiated this. Unfortunately, the Client is responding with a very simplistic approach requirng us to comply with the CE as instructed by them under Cl 60.1 and appears intransigent on the issue of the works which cannot be achieved.
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Tue, 2010-11-09 18:53
I am not an NEC expert, but I can tell you that your argument must be fully supported by the Construction team technical comments on it. I assume that both you and the Engineer are at site, and that you are trying to be fair in your judgement of "Illegal and Impossible".
I am not sure what are the "Issues beyond your control" at site, but unless they are procurement issues, everything else should be within the control of the Contractor, if they are the only contractor at site.
We will try to assist you as much as possible if you give us a better description of the actual situation.
Member for
15 yearsIssues out of our control
Issues out of our control include late approval of key materials by the Client, weather risk, and refusal by the asphalt supplier to guarantee the surface works if laid during the winter months. In addition, we have landscape planting which, according to the specification, must be planted at certain times which fall outside of the acceleration window. Currently we have a significant number of CE's issued by the Client which have effectively pushed out the programme. This has been recorded in updated pfa's which up until August were accepted and indicated a completion date of next March. Key reasons for the CE's were late release of areas by the Client, design change, incomplete enabling works (done by others) in handed over areas requiring re-work (outside of our original scope) thus causing more delay. Essentially we are endeavouring to achieve the deadline but have continually made the Client aware that there are certain elements of the works which are impossible to achieve and have substantiated this. Unfortunately, the Client is responding with a very simplistic approach requirng us to comply with the CE as instructed by them under Cl 60.1 and appears intransigent on the issue of the works which cannot be achieved.
Member for
17 years 3 monthsDear Neil, I am not an NEC
Dear Neil,
I am not an NEC expert, but I can tell you that your argument must be fully supported by the Construction team technical comments on it. I assume that both you and the Engineer are at site, and that you are trying to be fair in your judgement of "Illegal and Impossible".
I am not sure what are the "Issues beyond your control" at site, but unless they are procurement issues, everything else should be within the control of the Contractor, if they are the only contractor at site.
We will try to assist you as much as possible if you give us a better description of the actual situation.
With kind regards,
Samer