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Use or not of a consented schedule in a Claim

3 replies [Last post]
Thu, 2005-05-19 07:43
Jihad Daniel
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Gentlemen,

If the Contractor had submitted a schedule of works and got the consent of the Engineer. After successive changes and modifications in the scope of works caused by the Owner, the Contractor revised his schedule and submitted it but did not get any reply from the Engineer/Owner (consent or not)even though this revised schedule’s end date matches with the Contract completion date and the program of works reflected the approach/scenario for which the Contractor was realistically following and the acceleration put to overcome the impact of the changes. After revising the program, the changes, variations and modifications kept dragging on and on, until the Contractor could not recover the delays imposed on him and notified the Engineer that he could not complete the works at the Contract completion end date and submitted a claim accordingly.
In his claim process, is the Contractor allowed to use the revised schedule even though not consented to reflect the acceleration and additional resources being put to mitigate as much as possible delays incurred on him?
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Replies

Fri, 2005-05-20 01:27
#1
Anand Kulkarni
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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.
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Thu, 2005-05-19 13:46
#2
Rashid Iqbal
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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 can’t 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
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Thu, 2005-05-19 09:00
#3
Roger Gibson
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In my view, yes.

The Contractor’s revised schedule represented his ’plan’ as to how he was going to modify his original programme and absorb the Employer’s changes. Subsequent changes and delays should be measured against the revised programme to show the further effect.

Roger Gibson

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