Dears
We have been involved in a project which is based on FDIC Silver book & where the construction/installation is 100% achieved. The left over part is Testing & Commissioning.
We knew for quite some time that the Employer is not ready, for the plant to be tested & commissioned, as he needs to provide certain facilities to us to carry on these tests.
The Employer had been involved in blame shifting game for quite some time just to sneak out of this limbo. Fortunately (for us), we were better prepared and as of now demonstrated effectively that it was his problem that the T&C could not be started.
Finally, he informally asked us to suspend the job as he might not able to provide the required services for another 4-5 months. He is willing to issues a Partial Taking Over Certificate and require us to come back for final Testing & Commissioning in September 2009. The Contract does say for a suspension that could go to a maximum of 84 days and after that we are entitled to terminate the Contract. Further during this suspension period we are entitled for all the site related costs & EoT.
Now, my questions are
1. What other costs I should be including during the suspension period???
2. I already have an un-settled EoT with the Employer. If I get an EoT based on this suspension, should I be entitled for EoT from the contractual finish to this new contractual finish. I mean suppose
Contractual Finish: Feb 2008
Unsettled EoT : Nov 2008
Anticipated Finish (now): Sep 2009
Then would my Eot Entitlement be from Feb 2008 to Sep 2009 or from ‘now’ to Sep 2009????
3. What contractual liabilities I should get rid of.
Thanks for reading my post and your comments are highly appreciated
Regards
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