Normally the contractor cannot claim for loss of opportunity for an early completion.
It sounds unfair but if the employer set the completion date then that is when the work is required to be finished.
If there is a built in bonus for early completion and the employer prevents it then the contractor should be able to claim the aborted acceleration costs.
If the contractor has put in his programme a time risk contingency buffer then that is retained for contractor delays only.
1. The Contractor can ask for EOT only if he cannot mitigate the Employer delay (without cost impact to Contractor) utilizing the buffer duration of 30 days.
2. The float belongs to the Project and will be on a first come first service. The Emploey needs it first, so he can ask the Contractor to mitigate the Employer delay using the available float (buffer duration).
Regards
Kannan
Member for
15 years 8 months
Member for15 years9 months
Submitted by Satish Kumar on Fri, 2015-02-20 18:26
kannan, your question provoked a thousand questions in me.:))
If the contractor had given the program for the total duration, the claim would have its immediate effect. (what was his claim ? EOT or Overheads?). As per his program, i believe, the one month buffer should be consumed, only then the delay is attributable to Employer, EOT can be granted. The rational behind the one month buffer should also be questioned, i feel, is he mobilizing extra machinery to gain that one month advantage. If the work at hand actually takes only 29 months, what is wrong with the Employer delaying the land handover by one month? and in such case, how can the contractor claim the ownership for that one month? Even, i wonder, if the contractor completed his work 15 days before the scheduled date will be eligible for Overhead claim for that 15 days of Employer delay??, as the scheduled duration is for 30 months (i don't think so)
Mike,
suppose, instead the contractor has planned to complete the project 180 days before targetting a bonus from the Employer, and took 180 day buffer all of which is consumed by the Employer. However, the contractor could finish the work by the scheduled completion date. Can the contractor go for a bonus claim and overhead claim of 6 months? Will not the Employer press on the 30 month completion schedule as per contract instead of the 24 month work program.
Can the Contarctor still claim for EOT even if he does not use his buffer period, i mean if there is no delay from Contractor and the project still is completed on time ? I understand that in case if Contarctor consumes all its buffer/contingency period and thereafter the project is delayed, say for 15 days, due to Client's initial delay of 15 days only then Contarctor can ask for the EOT. Kindly clarify.
Member for
21 years 8 monthsDeleted by Rafael Davila as
Deleted by Rafael Davila as to avoid annoying requests to revive this discussion as it is older tha 3 years.
Member for
21 years 8 monthsDeleted by Rafael Davila as
Deleted by Rafael Davila as to avoid annoying requests to revive this discussion as it is older tha 3 years.
Member for
19 years 10 monthsHi SatishNormally the
Hi Satish
Normally the contractor cannot claim for loss of opportunity for an early completion.
It sounds unfair but if the employer set the completion date then that is when the work is required to be finished.
If there is a built in bonus for early completion and the employer prevents it then the contractor should be able to claim the aborted acceleration costs.
If the contractor has put in his programme a time risk contingency buffer then that is retained for contractor delays only.
Best regards
Mike Testro
Member for
17 years 4 monthsHi Satish,Thanks for the
Hi Satish,
Thanks for the reply.
I understand your core statement as follows;
1. The Contractor can ask for EOT only if he cannot mitigate the Employer delay (without cost impact to Contractor) utilizing the buffer duration of 30 days.
2. The float belongs to the Project and will be on a first come first service. The Emploey needs it first, so he can ask the Contractor to mitigate the Employer delay using the available float (buffer duration).
Regards
Kannan
Member for
15 years 8 monthskannan, your question
kannan, your question provoked a thousand questions in me.:))
If the contractor had given the program for the total duration, the claim would have its immediate effect. (what was his claim ? EOT or Overheads?). As per his program, i believe, the one month buffer should be consumed, only then the delay is attributable to Employer, EOT can be granted. The rational behind the one month buffer should also be questioned, i feel, is he mobilizing extra machinery to gain that one month advantage. If the work at hand actually takes only 29 months, what is wrong with the Employer delaying the land handover by one month? and in such case, how can the contractor claim the ownership for that one month? Even, i wonder, if the contractor completed his work 15 days before the scheduled date will be eligible for Overhead claim for that 15 days of Employer delay??, as the scheduled duration is for 30 months (i don't think so)
Mike,
suppose, instead the contractor has planned to complete the project 180 days before targetting a bonus from the Employer, and took 180 day buffer all of which is consumed by the Employer. However, the contractor could finish the work by the scheduled completion date. Can the contractor go for a bonus claim and overhead claim of 6 months? Will not the Employer press on the 30 month completion schedule as per contract instead of the 24 month work program.
regards
satish
Member for
19 years 10 monthsHi RafaelWhat has "feeding
Hi Rafael
What has "feeding buffers" got to do with this discussion?
Best regards
Mike Testro
Member for
19 years 10 monthsHi HamidUnder normal
Hi Hamid
Under normal circumstances the contractor would be entitled to 15 days EoT for the employers delay.
Best regards
Mike Testro
Member for
10 years 9 monthsHi Mike Can the Contarctor
Hi Mike
Can the Contarctor still claim for EOT even if he does not use his buffer period, i mean if there is no delay from Contractor and the project still is completed on time ? I understand that in case if Contarctor consumes all its buffer/contingency period and thereafter the project is delayed, say for 15 days, due to Client's initial delay of 15 days only then Contarctor can ask for the EOT. Kindly clarify.
regards
Hamid
Member for
17 years 4 monthsThanks Mike...
Thanks Mike...
Member for
19 years 10 monthsHi KananThe contrcator has
Hi Kanan
The contrcator has promised to start work on dat one and finish on an agreed period thereafter.
How he accomplishes that is entirely up to him.
In this case the contractor has built in a time contingency buffer to cover his own delays.
This is good planning practice and is reccomended in the SCL Protocol 2002.
It is also a requirement of the NEC forms of contract.
The buffer task belongs to the contractor and must be retained after any employer delay event.
Best regards
Mike Testro