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EOT for individual activities

3 replies [Last post]
Wed, 2004-11-24 08:00
Vishwas Bindigana...
User offline. Last seen 8 weeks 23 hours ago. Offline
Joined: 24 Apr 2004
Posts: 97
Groups: None
Hi Planners,

I have 5 activities in sequence -

1. Door Frames
2. Door Shutters
3. Iron Mongery
4. Architraves.

These activities are NOT CRITICAL in the baseline programme. They have float in all floors of the project.

All these activities are dependent on the consultant’s decision, i.e. if he delays giving the main contractor the details of the items for these activities, then they are going to affect the procurement, fabrication and fixing of the above items. Lets say that the consultant has delayed giving details / specifications for all the activites. For example,
1. Details for Door frames are delayed by 10 days.
2. Details for Door shutters are delayed by 8 days.
3. Details for Iron Mongery are delayed by 12 days.
4. Details for Architraves are delayed by 6 days.

As a Main Contractor, I am entitled to an EOT for this delay in details.

Please advise if the EOT claim should be
a) for individual activities;
b) for the hammock of the delay; or
c) for activity for the maximum delay (assuming that the delays over-lap).
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Replies

Fri, 2004-11-26 12:30
#1
Geoffrey Boulton
User offline. Last seen 5 years 23 weeks ago. Offline
Joined: 27 May 2004
Posts: 21
Groups: Petro-Chem / Oil & Gas
Take heed of what they both said - (David & Stuart). Put in the notice of delay (always put in the notice) followed by a claim for delay and disruption to the work items identified - idling / non-sequntial / storage whatever (collectively called the "buggeration factor".
On a more pinickity note I would a close look at the impact of missing doors and windows to the follow on tasks - finishes such as painting ironmongery etc as these would be now be impossible to complete - moisture content yadayadayada .....

Anyway just my opinion
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Fri, 2004-11-26 09:47
#2
Stuart Ness
User offline. Last seen 12 years 17 weeks ago. Offline
Joined: 30 Jun 2004
Posts: 352
Groups: None
Hi Vishwas,

As David points out, an EOT is granted in regard to the end completion date and not to in regard to individual activities. Consequently, if – and only if – the extent of delay in the activities quoted is sufficient to shove the CP out past its original completion date, would a claim for EOT be allowed. It doesn’t matter whether the extension to the CP was caused by one or some or all of the delayed activities; it is the overall effect of the delayed activity/ies on the CP that is measured and used to quantify the claim.

The other side of that same coin, of course, is that if the CP isn’t impacted to the extent that the end date is moved back, you have no entitlement to an EOT claim.

Cheers,

Stuart

www.rosmartin.com
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Fri, 2004-11-26 08:57
#3
David Bordoli
User offline. Last seen 8 years 2 weeks ago. Offline
Joined: 8 Apr 2002
Posts: 416
Groups: Building Information Modelling
In most construction contracts you can only get an extension of time as a result of a delay if that delaying event causes the works to be delayed beyond the current Contract date. If I understand you correctly the activities you cite have sufficient float and are not critical and so, even with the delays caused to them, they do not extend the period required to complete the project, therefore you would not be able to get an extension of time.

You might be able to claim for direct loss and expense as a result of the disruption to the regular progress of your work as a result of the delayed information. However, to do that you must show that, as a direct result of the delaying events, you have suffered direct loss and expense – you can’t just put in a claim because you think you have been messed around.

David
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