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Mitigating Employer Delays

5 replies [Last post]
Tue, 2008-03-18 08:34
Khalil Masoud
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Hello PP;

If an Employer Risk delay "Started" late, but later on mitigation measures took place to reduce the delay and "Finish" on time...Does this entitle the Contractor to Claim for time extension??

For example; tiling works in a 100 story tower started late because of the Client changeing the scheme, so the Contractor started 4 months beyond the late start date. Then; due to high productivity; when tiling reached level 80; delays went down from 4 months to "ZERO"!!!!i.e, the actual finish date of the tiling at level 80 is the same late finish date in the original programme!!!by following this; does the Client relief himself from the Contractor’s claim for extra time???

Regards;
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Replies

Mon, 2008-04-07 09:17
#1
Gayantha Abeywardena
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Hi PP

If the employer is asking to accelerate the project without giving official letter is that sufficent enough to approve the revised programme by employer. based on that can we claim the cost of acceleration..

GA
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Sat, 2008-04-05 00:15
#2
ashraf alawady
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Hi,

if the contractor has accelerated the works without getting clear instruction from the engineer/Employer, then the contractor has no any contractual entitlements.

he can seek to settel this issue amicably only.
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Sun, 2008-03-23 09:15
#3
Mike Testro
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Hello.

Have you considered that the programmed period for tiling was too generous?
To be effective all activity durations should be generated by resource modelling from the cost plan.
The actual productivity achieved was higher than the planned output.
If the true output had been put into the original programme then a late start would have used up the available float and no EOT would have been contemplated.
When you download the SCL Protocol read the section about use of float.

Best regards
Mike.
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Wed, 2008-03-19 11:14
#4
James Barnes
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OK, the first answer (as always) is that it depends what it says in your contract.

One approach (codified by the society for construction law delay and disruption protocol) is that, in the event that you mitigate client delay without cost to yourself then you do have a right to an extension of time but not to associated prolongation costs (because there haven’t been any). This does means though, if you are delayed in another part of the job due to your own fault, you would be liable for your own costs but the client could not seek damages as you would essentially be due a "free pass" for the delay that you averted through your own efforts earlier in the project.

If you were paid to accellerate the tiling works then that is different.

go to www.eotprotocol.com and download the file. It’s interesting reading and will help clarify a lot of principles for you, but in the end you need to defer to your own contract.

@Faried, while I agree that there is an implicit responsibility for the contractor to proactively seek solutions to any employer risk events, he is not liable for the consequences or risks of them. Something which many clients in my experience don’t want to accept.
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Wed, 2008-03-19 06:53
#5
Faried Khan
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Hi Khalil,

Well, I may tell you my humble opnion regarding your ques, I think there is an obligation implictly under the Contract which obligate the Contractor to mitigate the Cost and delay in case of the delay caused by Employer risk events to a reasonable extent maybe by changing the sequance of works, or proposing alternatives ...etc.

Well, I am not so sure about the above but that is only my impretion!

What do you think?
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