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Possibility to rise claims due to long lead items that affect the progress of the project

2 replies [Last post]
Mamoon Ali
User offline. Last seen 6 years 42 weeks ago. Offline
Joined: 23 Dec 2012
Posts: 9
Groups: None

Is it ok to rise claims for long lead items or equipments that their long time procurement caused a delay in the project ?

 

Is the Client fault to specifiy such items that aren't available in the local market ? or the contractor's fault for not ordering these items on earlier stage of the project ? and what are the cases for both parties for which the blame would be on them.

 

 

Thanks.

Replies

Mike Testro
User offline. Last seen 6 weeks 2 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Mamoon

If the Employer has asked for a bespoke piece of kit that only comes from one named supplier - say a lift or heavy dutu pump - then if that supplier does not deliver within the agreed time then your first claim is against the supplier with a fall back claim against the Employer.

The contract however will most likely place all the risk on the Contractor so you will have to go other legal rights to get redress which will not be easy.

Best regards

Mike Testro

Shah. HB
User offline. Last seen 19 weeks 5 days ago. Offline
Joined: 25 Nov 2008
Posts: 773

Hi

You can build a claim for long lead item based on the concrete grounds such as

  1. Late submission of material submittal by the contractor
  2. Design issues by client
  3. Change instruction for specification issued by the client

Cheers

Shahul