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Variation Order

5 replies [Last post]
Christian Adrian ...
User offline. Last seen 4 years 35 weeks ago. Offline
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Dear All

The client requested us to submit a work schedule regarding additional works and we did. The addworks will be completed by the 3rd week of Oct’06, however, the client rejected the schedule saying that it is too long and they want the addworks to be finished on or before the last week of Sep’06. After coordinating with parties involve in the addworks we submitted a revised schedule to finish the addworks on the last week of Sep’06 but the client should make sure that the areas are available for us to commence our works. But as of to date the areas are not avialable... since the client can’t give an exact date for us to access, is it right to tell the client that our schedule will be at large and claim for it or shall we just go back to our first submitted schedule?

Kindly advise...

Christian

Replies

ashraf alawady
User offline. Last seen 9 years 26 weeks ago. Offline
Joined: 26 Aug 2006
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GOOD LUCK,hopping that we have assisted you and answerd your question.
Christian Adrian ...
User offline. Last seen 4 years 35 weeks ago. Offline
Joined: 3 Jun 2003
Posts: 193
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Thanks a lot to all...

Cheers
Andrew Flowerdew
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Christian,

1. There’s a question here of whether the the clients requirements to shorten the completion date possibly amounts to instructed acceleration.

2. Assuming the client was happy with the shorter programme then the EoT entitlement will be simply the difference between the day you do get access and the date shown on the programme that you needed access to complete by the given date.

3. If the client, despite giving you access at a later date than required then comes back and stills wants completion by the same date (not unheard of!!!!!) then we are probably back to instructed acceleration again.
ashraf alawady
User offline. Last seen 9 years 26 weeks ago. Offline
Joined: 26 Aug 2006
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*The client requested you to submit a work schedule regarding additional works id.
*The impacted proramme was showing that The add works will be completed by the 3rd week of Oct’06.
*Without resonable reasons, The client rejected the schedule and they asked the contractor to complete the addworks on or before the last week of Sep’06.
*The contractor has accepted the client request and submitted a revised schedule to finish the addworks on the last week of Sep’06 in condition that the client should make sure that the areas are available for him to commence the works as per the revised programme.
* As of to date the areas are not avialable and the client can’t give an exact date for the contractor to access the area.

*As per clause 42.1 of the FIDIC ’the client has to give to the contractor possession of the site to enable him to proceed with the execution of the works in accordance with the work programme.
*As per clause 42.2 of the FIDIC ’If the contractor suffers delay from the failure on the part of the client to give possession , the engineer shall, after due consultation with the client, determine any EOT to which the contractor is entitled under clause 44.

As conclution aand in the light of the above, The contractor is not allowed to go back to his first submitted schedule?since he already accepted to do the add. works in agreed duration.
In the same time it is the contractor full right and entitlment to submit his claim for EOT due to the failure on the part of the client to give possession of the site.
Karim Mounir
User offline. Last seen 9 years 33 weeks ago. Offline
Joined: 5 Apr 2006
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Christian,

It is one of the client’s responsibilities to give the contractor the right of access to the site inorder to do the required works otherwise it is the contractor right to submit a claim for additional cost (and/or) an extension of time if he failed to complete the works in its time (due to the client’s failure).

Regards.