project diary

Hi Francis,



First you have to demonstrate your faithful observance of the contract obligations.



As the construction progress, you file a claim.



I would advice you hire a claim consultant. There are a lot of them here in UAE. You can go to the very expensive or to some budget claim consultant. Or you can hire an independent claim consulant.



Better let the expert do the work. In the event you will get EOT and compensation, you will include the cost of hiring claim consultant.



Dont act prematurely or ruin good business relation with the client.



Cheers,



Charlie

Hi all,



I’m going to play Devil’s advocate here, but bear in mind this is based on UK law -



Failure to give possession of the site when stated or within a reasonablbe time thereafter is a repudiatory breach of contract for which the contractor may terminate the contract.



If it can be demonstrated by his actions that the client no has intention to carry out the contract then on termination the contractor may claim damages - which could include loss of profit and the contractor didn’t even put a cabin on site! The client maybe SAYING he wants to continue but his ACTIONS maybe interpreted as the opposite in a court of law.



Now back to reality - you probably want or need to do the job, have resourses lined up ready to go, etc, etc. You maybe (depending on UEA law) in a much stronger position than you realise and the lack of daily diaries is not important. Bigger principles maybe at work here and are worth checking out. Once, and only once you know exactly where you stand, you may decide on a different approach to persuade the client to let you get on with the job.

Hi Francis,



The situation is not an unusual one and of course it is when jobs go wrong that this problem is highlighted. From my expereince in such situations, there may not be a diary but I’m sure there is a mountain of paper available as has already been mentioned here by other PP’ers (including material delivery tickets and so on).



It is also important to interview the various people involved and unlock from their recolection of what happened, this should also include sub-contractors staff, and formally record their ’stories’.



Your research of the paper mountain will verify or not, their statements and perhaps may need to revisit the individuals and talk further.



At the end of the day it depends on the relationship between contractor and engineer - it may be possible to use basic information to reach an agreement, otherwise be prepared to spend time to research all of the available information. From my experience, jobs with "no available information" very often have a mountain of useful information - you just have to know where and how to look.



Good luck



DW

Hi Francis,



Check all the RFI’s, NCR’s, Method Statements and etc. Get the submission date and approval date. Check against the contract what is the period allowed for approval from the date of submission.



If the approval is given after the allowable period you can use the additional duration to apply for EOT, but make sure it is for crucial activities only that delay the overall work progress.



Regards.

Francis,

I guess contractor has good relation with client that’s why the things were not documented?

In this case you should prepare a document reasons for delay (with duration)based on memory of actuals and some consultation with client supervisor too.

I hope client will agree some how if you will show genuine reason for delay ( not only from clients delay but contractors too).

Documentation is a must. It may be in form of handover record, meeting minute, progress report, etc. To support the evident, support document like site pictures, utilities records at the date of commencement, etc

Hi Francis,



You mean to say that you have absouluteley no records of the delayed start. Does your employer agree with the dates verbally which can be documented now. Based on this a claim can be acessed...



Does anyone have an alternative !!!!





Sunil