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 4/26/2010 9:54 AM
 

Hi all,

Need your views. The case is these there is no planned programme only contract start date and finish date for individual buildings. This is an EPC contract. There were huge delay/changes in design, but client is agreeing that is design development. The contractor has dates for %completed on weekly basis, but very few dates or correspondence as to variation request from clients and actual dates these variation was executed. My initial cut at it was to develop a planned programme and progress it with the weekly %completion dates, then try to input variation within the progressed programme. I do understand that’s not the convectional way but seems to be the appropriate for this occasion.
Appreciate your inputs

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 4/26/2010 9:55 AM
 

My initial view is that the sitation here is going to be difficult due to the fact that no detailed contractual schedule was in place from beginning. In a past life I worked specifically within this field of building cases for claims mitigation and defence and can tell you that unless there is specific requests that have been responded to and signed off as requested variations from the contract scope that you will have great difficulty getting the client to accept these delays. The best you can do is as you have stated, commence building a detailed schedule or as built to how this works were supposed to go and start preparing individual change notices against the scope items you believe have been requested and executed to date and then plot them against the schedule. Discovery of documentation and requests via email etc is also handy to gather as evidence to support your individual Claims.

Hope this helps

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 4/26/2010 9:56 AM
 

The issue here is not the program. It is the scope. So you need to read your Contract Documents well and establish that the client changed the design. Once you determined the changes and get the client to approve that these are changes to the scope, then your job is to study the impact on the none existant schedule. Start with the daily reports and let someone people work on the actual "As Built" schedule, you will need to step forward one step at a time.

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 4/26/2010 3:14 PM
 

I think if you have no schedules, and I am at a loss as to why any contractor would ever allow this to happen, then your best choice is to produce a detailed daily-specific as-built schedule, and then from that schedule, based on your project documents, you can show what was the As-Built Longest Path. From this effort you can at least identify holes in the construction or planning, and hopefully show that the causes of delay align with those holes.

Obviously, you are free to develop all the schedules that you believe will show your plan, but that is the big hurdle you have to jump; the owner will take the position that your new plan is just a claims positioning document, and that is a tough one to defeat.

What documentation do you have that serves to identify your original plan? Is there anything that identifies the planned completion of design development? Are there any milestones that are in your contract? I saw you had delivery dates for individual buildings, were those contractual or accepted by the owner?

You have to be able to provide some original plan that shows what your expectations were for the owner in terms of his cooperation, in order to provide any CPM analysis that will be supported by that plan. It could be an initial payment schedule showing expected draws from the owner, or a conceptual schedule, or some long-lead delivery schedule that was communicated to the owner early in the process. I find it hard to believe that in an EPC contract there is no indication from the contractor as to what they needed in order to achieve their deadlines.

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 10/19/2017 1:54 PM
 
Dear Dave I need some advice on below scenarioWe have project having milestonesOne of the Milestone is installation works, we have an extension of time earlier due to employer delays.Currently that work supposed to be finish in June, 2017 however we unable to complete the works by the extended date of the milestone. As of October, 17 - we are still working on milestone.In August - employer gave us access to one of the sub milestone activities which supposed to be earlier as per approved baseline programme. And this work in progress parallel to our works which we supposed to finish but not completed. Shall the employer delay are concurrent delays in this above case. Any case law reference document will be much appreciated. Thanks Bilal Rafiq
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