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Taking over of sections or parts

20 replies [Last post]
Mon, 2006-09-18 08:36
ashraf alawady
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Dear, all
I have a road and infrastructure project which was planned in the pogramme to be devided into 10 stages and each stage consists of 3 working areas and each working area have 3KM length.

As per clause 48.2 of the conditon of contract,the engineer shall issue a taking-over certificate for any substantial part of the permanent works which has been both completed and otherwise occupied by the employer.

Based on the above ,the contractor is asking me to hand over officially every and each working area after completing the works for the said area and open the same for the use of normal traffic.

Shall i agree with the contractor’request which is contractually supported but seems to be un-normal practically since i have to issue 33 nos.of partial taking-over certificate and the maintanence certificates will be issed in different dats accordingly.

Please advice me.
THANKS
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Replies

Thu, 2007-11-15 08:33
#1
ashraf alawady
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thank you Edderic,

in this particular project it was very wise suggestion to put a milestone dates in the contract for the areas needs to be handed over partially.
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Tue, 2007-10-16 03:29
#2
Edderic See
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Hi Ashraf,

For issuance of TOC, my company usually incorporates it on the milestone dates set in the contract. Partial taking-over for substantially completed works can be use for DLP.

Regards,

Ed
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Mon, 2007-10-15 12:23
#3
Andrew Flowerdew
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Going on your last post, 33!!!!
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Mon, 2007-09-24 23:53
#4
ashraf alawady
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If the 33 sections are to be handed over in sections ,what are the logical sections have to be ready and completed to hand over and how many taking over cetificates can be issued for one project.
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Sun, 2007-09-09 08:08
#5
ashraf alawady
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The client has directed the engineer to agree with the contractor to certain proceedures and areas which can be logically accepted to make partially taking over.
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Tue, 2007-09-04 09:20
#6
David Barker
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In Handover 5 things usually happen for Contractor:

1/2 Retention is released
LAD liability ceases
Maintenance period commences
Insuring obligations may cease
Warranty periods may begin

As a result Contractors are usually amenable to early handover

Your Client should be appraised of this in order for the Client to understand the decision that they have to take.

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Mon, 2007-09-03 05:02
#7
Nicolas Igersheim
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hi ashraf,

one important factor in you pb is time, and that you forget to mention!

How many handovers do you foresee per day, per week,
per month?
If the 33 sections are to be completed the same week
for instance, nobody will gain anything by splitting hairs!

On the contrary if the handovers are to be spread over
a year, no doubt you should come up with a form and a routine for separate handovers!
I could imagine a weekly meeting during which the areas
completed that week would be checked, sealed, signed and delivered

hth
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Sat, 2007-09-01 01:17
#8
ashraf alawady
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In the condition of contract ,it is stated that if any part of the permanent works has been substantially completed and has satisfactory passed any tests on completion prescribed by the contract, the engineer may after due consultation with the employer issue a taking-over cetificate in respect to that part of the permanent works before completion of the whole of the works in condition that the contractor shall undertake to complete with due expedition any outstanding works during the defects liability period for that part.
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Mon, 2007-08-13 09:39
#9
ashraf alawady
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Can i get more opinion/advises from the others , please
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Thu, 2006-09-28 09:16
#10
Ronald Winter
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To begin with, you need to obtain a ‘Relief from Maintenance’ for every section turned-over. Without this, any damage done will still be your responsibility to repair.

Next, you need to ensure unrestricted access to the remaining work sites. You also need to establish noise level and hours guidelines. You need dust and debris guidelines. You need power interruption guidelines.

Finally, You need to establish access boundaries so that no one not in your employ will access any part of the active work area (including your entrance and access areas.) Your insurance and bounding companies need to sign off on this agreement. Without this, you will find that you have voided your contracts and coverage.

Good Luck!
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Thu, 2006-09-28 06:05
#11
ashraf alawady
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Did any body has share in arranging partial taking over for a project in stages and what were the guid lines and prenciples.
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Wed, 2006-09-20 20:40
#12
Clive Randall
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Dear Ashraf
Going back a little in this thread you advised that the contractor wants to hand over 32 sections.
It would appear however that if no other handover schedule exists within the body of the contract or a handover schedule was not proposed by the contractor at the time of tender it is possible for you to define them now. While you advise that the post tender TQs are part of the contract it may be worthwhile double checking that they are in fact part of the contract.
I would still advise a preliminary discussion is worthwhile with those on your side involved in the award process and indeed a discussion with the client to see what his needs are. You may involve yourself in considerable work, however this may be beneficial to the client if he can get possesion of sections earlier. Overall your efforts may position your bussiness in a favourable position with your client.
In many ways this is about trying to satisfy everybody even if this involves copnsiderable effort on your part.
Just a thought
Clive
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Wed, 2006-09-20 17:42
#13
Andrew Flowerdew
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Ashraf,

If the sections haven’t been previously agreed then it would appear by the wording you stated that it up to you to agree them now. This may ease your problem, assuming the contractor plays ball and agrees to fewer sections.

No doubt he will be keen to handover the sections as soon as possible for the reasons indicated in my previous post.

How does the contract define sectional completion (if it does)? eg, taken into use by the Employer or similar. Something along these lines may help you divide the project into larger sections if 2 or 3 areas will not be used until all complete.


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Wed, 2006-09-20 08:50
#14
ashraf alawady
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Dears,
I was deeply investigating all the contract’sdocuments to find any more details and i got in the tender query and response the following-
"Partial havdover will be accepted by the client with sections to be agreed on site with the engineer."

Did the above give me any strong contractual support during my discussion and negotiation with the contractor for how to devid the project in to reasonable stages for handing over.
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Tue, 2006-09-19 11:51
#15
Andrew Flowerdew
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Clive,

Totally agree. The sectional completion is probably more relevant to the Employer as it would have been the Employer for his own reasons, came up with the sectional completion requirements of the contract.
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Tue, 2006-09-19 06:01
#16
Clive Randall
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I agree with Andrew
Allthough the contract requires you and your colleagues to carry out a considerable amount of work it appears that this was the envisaged sequence of works to enable your client to gain early access to completed sections of the project. Often this is driven by promises to residents that has little to do with the workload it places on the contractor and consultants. Having the contractor sign up to this handover proceedure at the time of award of contract presumes that his rational behind completion takes full account of thse early handovers. You can try and negotiate an easier path to handover but before you approach the contractor I would sound out your client, there may well be a reason why he wants this proceedure adopted. If not then see what the contractor says.
Clive
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Tue, 2006-09-19 05:14
#17
Andrew Flowerdew
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Ashraf,

You can try and agree whatever you like with the contractor but as each section will pass from his insurance to yours and the issue of the partial completion certificate will possibly start the defects correction period running, I doubt (or would be very unwise to) the contractor will agree.

The contract states the deal that was made, now it’s up to you to carry that deal out.
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Tue, 2006-09-19 01:51
#18
ashraf alawady
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Dear, Clive
I need your opinion in the practicality of this process to issue 33 nos.of partial taking over certificates for one project and i said that itis contractually supported but i would like to draw your attention regarding the following:-
*To issue a paital taking over certifucate i have to do te following:-
1- Do my own inspection for the completed areas.
2- Be sure that all qualiyy tests have been done and tests results are in compliance with the contract requirements.
3- Be sure that a suitable corrective actions have been taken for any failed tests .
4- Be sure that no any major works are remaining or avoid the client form using the completed portons safely.
5- write my report and recommendations to the client.

*I have to call the client officially for handing over inspection for any completed portions.

*If the client accept my recommendation, I have to specify the handing over commitee which should include Client’srpresentative,Engineer’srpresentative and contractor’srpresentative .

*The handing over commitee shall inspect the areas to confirm wither those areas have been comlpleted to the satisfaction of the client or not.

*If the areas were ready, completed and accepted, the engineer has to issue a partial taking over certificate for those particular areas.

So is it practical to do all the above said proceedures for each completed area or we can agree with the contractor to devide the project to 5 satges (as example)for handing over so, we can reduce the nos. of partial taking over certificates and reduce the complecated process of releasing the retention amount,issuing maitanence certificates and other contractual proceedures
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Tue, 2006-09-19 00:24
#19
Karim Mounir
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u have to issue him a TOC as per clause 48.2 attahced with a punch list.
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Mon, 2006-09-18 20:58
#20
Clive Randall
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Ashraf
It appears you have answered your own question

"As per clause 48.2 of the conditon of contract,the engineer shall issue a taking-over certificate for any substantial part of the permanent works which has been both completed and otherwise occupied by the employer."

However check when the maintenance period starts for each section and subsection, you may find even if you have taken over the area maintenance starts only when all areas are completed. This means that for earlier sections the maintenance period is considerably longer than for later sections.
On this basis your taking over certification must explicitly define future responsibilities under the contract.
Kind regards
Clive

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