Although the engineer had not consent on the revised schedule. The original schedule was based on certain scope of work and subsequent change orders issued to him will form the part of document.
Infact revised plan submitted could become a "Proposed Recovery Plan" by the contractor.
Member for
20 years 5 months
Member for20 years6 months
Submitted by Rashid Iqbal on Thu, 2005-05-19 14:46
The contractor can claim anything though he has to timely reserve his right for doing so. This reservation of right has to be done within a specified time after the event has occurred, sometime 7 or 14 days.
I believe you are using FIDIC and if I remember correctly the notices are mentioned under clause 53.
Theoretically, if the contractor has not reserved his right for claiming for an event he cant wake up after 6 months and place his claim. Though practically I have seen that it can be done but with a difficulty.
Regards
Rashid Iqbal
Member for
24 years 4 months
Member for24 years5 months
Submitted by Roger Gibson on Thu, 2005-05-19 10:00
The Contractors revised schedule represented his plan as to how he was going to modify his original programme and absorb the Employers changes. Subsequent changes and delays should be measured against the revised programme to show the further effect.
Member for
20 years 6 monthsRE: Use or not of a consented schedule in a Claim
Yes I also agree.
Although the engineer had not consent on the revised schedule. The original schedule was based on certain scope of work and subsequent change orders issued to him will form the part of document.
Infact revised plan submitted could become a "Proposed Recovery Plan" by the contractor.
Member for
20 years 5 monthsRE: Use or not of a consented schedule in a Claim
The contractor can claim anything though he has to timely reserve his right for doing so. This reservation of right has to be done within a specified time after the event has occurred, sometime 7 or 14 days.
I believe you are using FIDIC and if I remember correctly the notices are mentioned under clause 53.
Theoretically, if the contractor has not reserved his right for claiming for an event he cant wake up after 6 months and place his claim. Though practically I have seen that it can be done but with a difficulty.
Regards
Rashid Iqbal
Member for
24 years 4 monthsRE: Use or not of a consented schedule in a Claim
In my view, yes.
The Contractors revised schedule represented his plan as to how he was going to modify his original programme and absorb the Employers changes. Subsequent changes and delays should be measured against the revised programme to show the further effect.
Roger Gibson