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Baseline Programme Approval

4 replies [Last post]
Tue, 2004-06-08 07:51
Vishwas Bindigana...
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I would like to know from the "HIGH & LOW" members of the forum if there is any way to "force" the Consultant/Client to give consent to the Baseline programme submitted? I work on the Main Contractor’s side.

The situation is like this -

A Baseline programme was submitted within the first 21 days of the "Contractual Start" or Letter of Acceptance of the project. 2 weeks later I was asked to revise the programme as the client wanted free float to the end of the project for some of the items to be fixed (viz. Door Mats, etc.). A revised programme was submitted incorporating the changes. Subsequently, I was asked to submit weekly updates based on the older version of the programme. Its been almost 45 days now that the Consultant/Client has neither consented or approved the logistics of the new baseline programme. Very soon the updates are going to reach a stage where the links of some of the activities in the new programme have been revised. Is FIDIC flexible enough to address such issues?

Also, the contract says that the nominated (by the client) sub-contractor has to comply with the main contractor’s programme. But, the client insists that the main contractor has to take consent from all sub-contractors regarding the feasability of the baseline programme. What do you guys think?
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Replies

Sat, 2004-06-12 00:38
#1
Vishwas Bindigana...
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Thanx Raj & Joe,

I’ve almost got the approval (approved with conditions). I simply made it clear in the weekly meetings that without an approval of the baseline, the updates would be futile, not logical and non-contractual and hence, so would the weekly meetings. The consultant saw thru this!!
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Wed, 2004-06-09 03:16
#2
Raj Singh
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I agree that in principle the Main Contractor can object to a Nominated Subcontractor as per Clause 59 of FIDIC.

However please note the concerns of all parties first of all. The Client wants you to sort it out with the Subcons - You may not have provided enough leeway to the Subcons and could hold the Client later on. Remember that even the Subcons need time to do their part in the project. All the experienced project professionals generally do know the reasonable time required for various scopes depending on the project. The main thing here is to be reasonable. The Project can be successful only with the cooperation of all. The prime thing is Client Satisfaction - You can read all about it if your firm is trying to get ISO 9001:2000. So forget abrasive approach and keep positive and positive and positive approach. Rejection and confrontation are extreme measures to be deployed selectively. In case you are a process owner than you should realize that process can be improved only with positiviy and confrontation / litigation are generally wasteful excercises leading to all kinds of losses - learn to avoid them at all costs!

Remember that roles keep on changing and sometimes even large firms take on the work as Subcons.
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Tue, 2004-06-08 10:33
#3
Joe Mansour
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FIDIC does not impose any time limit for the consultant to give consent to the programme.
However, normally the contract contains a maximum period for the consultant to reply on submittals. Notify him that he has exceeded this period.
If you are using FIDIC 4th, clause 1.5 says "Any such consent, approval, certifiate or determination shall not unreasonably be withheld or delayed". Notify the consultant accordingly. If he continues to disregard your notices, send him a letter telling that you consider that a dispute has arisen on the period of reply to the programme and ask for the Engineer’s decision under clause 67 regarding this period. He has the obligation to answer within 84 days.

Concerning his request that the subcontractors must approve the programme, ask him where in the contract it is written so. In addition, in FIDIC 4th the Contractor can object on the nomination of a subcontractor if he refuses to comply with his programme.

Joe
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Tue, 2004-06-08 09:26
#4
Raj Singh
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Joined: 7 Jun 2004
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Dear Bishwas
In my long stay in Middle East I have come across only a few consultants who are willing to provide a definite approval of the programme. After your initial submittal the Client had advised you to make a few adjustments. Once you have incorporated the Client/Consultant comments and have officially submitted it the program stands for all purposes. The normal practice in Middle East is to have 21 days review period. It is preferable to have formal approval though.

You can continue updating the program but for any revisions you must seek approval of the Client/ Consultant. The best way forward is to be able to maintain a good dialogue with them and keep them onboard. It is mostly your interpersonal skills that will matter.

When it comes to subcontractors it is again more of your interpersonal skills - talk to them, discuss with them and have them aboard. Remember the program is only a tool in the end to achieve the aim - successful project completion to the satisfaction of all parties!
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