delay activity&the contractor has not finish predecesor

Dear Ayman,



If you have an approved Construction Schedule, then you will need to look at the Critical Activities on the Critical Path and start keeping track of the actual activities at site. It also depends on the size of project that you are handling, and the resources that the Contractor is using at this time.



Usually, this is recorded as actual dates and at the end of the project, this is re-visited again to consider time extensions if the duration of the project was not achieved.



If the Contractor does not have an approved Schedule, then it is very difficult to consider his claim. (i.e. you will not consider it)



Best,



Samer

My answer to ayman question is absolotely NO,the contractor must use the word common sense to what is real happening at site or else those contractors are belong to mafi moook.

Aiman,



As an Employer and you are working in egypt you might be using FIDIC form of Contracts 4th edition,



Yes the Contractor has the right to claim under clause 6.3 / 6.4 but Determination of the amount of EOT to be granted depends on the following:



1- The Contractor must be ready to start performing the activities related to the Colomns.

2- in your case he is not, so the time between his start readiness (staff & actual site capabilities) and provision of Drawings should be considered.

3- In other words a comprehensive TIA should be made.



But afterall the EOT, if any, will be much lesser than the amount you are concerned of.

Ayman,



Whether the Contractor has the right to claim will depend on the contract. If it is an Employer caused delay as yours appears then the Contractor will usaully be able to, but not always.



The advice on doing a TIA is correct as this will split the overall delay between the two competing delays.



With regards the supply of information, if the contract is silent on the matter, the Employer is obliged to give the Contractor such information so as to enable him to complete the works on time and not hinder his performance.



This does not always correspond to when the Contractor needs the info. The usual example of this would is where the Contractor is trying to complete earlier than the contract completion date - the Employer is under no obligation to help the Contractor complete early by supplying information early.



If it can be argued that the information was supplied in a reasonable time having regard to the progress of the works, taking into consideration lead in times for procuring materials, etc then I would resist any claim from the Contractor on the basis that the timing of the informaton supply did not hinder the progress of the works.



However, just because he hadn’t finished the foundation doesn’t mean it didn’t cause delay - eg, reinforcement steel for the column may be on a two week call off period and can’t be ordered until the COntractor has the drawings, special formwork might be required to be made, method statements and temporary works designs may need preparing and approving, etc, etc. It is often these lead in work items that Clients forget to take into account when considering any delay caused.



Hope this helps.

Ayman,



Sorry, I thought you are the Contractor, not the Client. Anyway, you can ask your Contractor to prepare this TIA to find out if the delays of redesign affected the Critical Path or not.



But as a Client, take care of the following:

The Contractor has to update the baseline, as per the site condition on the date of notifying him about the redesign. He may have, let’s say, 10 days -ive float. Then he has to insert the redesign, and run the program again, if he ends up with more than 10 days -ive float, he will be entitled for the difference.



The above is my personal perspective, and I will appreciate feed-back.



Regards,



Sherif

Ayman,



The contractor has always the right to claim in the event that the contractor can not perform his obligation under the contract due to events not under the contractor control, in this case design drawings.



The right to claim does not implied automatic agreement and approval of the claim.



The analysis of claim is a process from A to Z. It may take days, months or years. It depends on the project (all inclusive).



I would suggest you hire professional, part time or full time basis or maybe consultation only. Also, you can count on PP.



Cheers,



charlie

Mr. Ayman,



I encountered the same situation, and it is common.



The proper way to prepare a Claim for Extension Of Time, is to use TIA (Time Impact Analysis). I implement it as follow:



1. Have a baseline approved from the Engineer (Consultant).



2. Make a copy of this baseline.



3. On the copy, start inserting the obstructions / causes of delays; as new activities (in your case, it will be redesign).



4. Put the Actual Dates for these obstructions, as Actual Start and Actual Finish.



5. Link these new activities with the logical predecessors and successors. This is little tricky. What you have to do is to keep the existing relations and establish new ones between the activities and the obstructions. If I am in your position, I will do the following:



I assume the original baseline has the following as FS:

A- Site Possestion

B- Site preparation and cleaning

C- Excavation



I will add the following

A- Site Possestion

B- Site preparation and cleaning

B’- Redesign drawings (put Actual Start and Actual Finish)

C- Excavation



and link B’ and C as FS (you can take argument that you cannot excavate unless you know the formation level, and dimension of foundation). you can make -ive lag, as the Consultant may reply that you could have started the excavation till receiving the redesign. (And as answer to him, you can take the argument that you can start, where there is -ive lag, but you cannot finish unless you receive the redesign)



6. Run the program, and see how many days -ive float you got. If it is positive, it means you are not entiteled for Extension of Time.



The benefit of TIA, is that it takes into consideration the concurency. Also, to be ideal, you should update the program, to reflect the real progress, so if you are delayed, it will be reflected also.





Please let me know if this helps.



Regards,



Sherif

Dayanidhi has the jist of it but the contractor has to prove cause and affect to support his entitlement to claim.



Which delay had what effect and when? Working from the time the first delay was known about, or reasonably should have been realised, analise the events moving forward in time, using what was known at the time. (Time Impact)



This will reveal which event, Contractor or Employer delay caused how much delay and when. From this the entitlement of each party will drop out.

Its a concurrent delay, so you can simulate this impact in the approved schedule, and find the difference between employer and contractor delay, if the employer delay over shoots contractor delay, the contractor shall be benefited.