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I have some problem regarding the EOT; I hope somebody shall help me to overcome on this situation.
The Contractor submitted his EOT Claim; alleged delays are seven but the additional work instructed by the Engineer after original completion of project is prominent delay; as stated by the Contractor.
The situation as fellow
1- Project Duration is 9 months (1-Jan-2013 to 30-Sep-2013).
2- Employer's delay occurred in month of May-2013 and due to the event; the impacted project completion date is 20-Dec-2013.
3-Contractor's delay occurred in the Month of Jul-2013 and impacted project completion date due to this event is 24-Feb-2014.
4- Engineer issued instruction for additional work at 15-Jan-2014 and it will take 2 months in engineer's opinion (not agreed at beginning of work) but work finished at 20-Apr-2014.
My question is.
A) How many days/months EOT should be entitled to the Contractor?
B) What will be compensable and non-compensable delay?
C) What will be entitlement for additional as instruction issued after project regional completion date.
D) LDs can be imposed on the Contractor or otherwise?
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Hi Muhammad,
My answer to the question,
A) How many days/months EOT should be entitled to the Contractor?
-first you need identify the caused of delay,that is to review the contracts,go back to the previous documents.
and most important is the approved schedule,the baselineschedule,that is where you will compare what just happen.
B) What will be compensable and non-compensable delay?
-Compensable delay is caused by the acts of God and Owners fault Delay.
-Non compensable usually is cause by the Contractor.
D) LDs can be imposed on the Contractor or otherwise?
-Yes,but only if it is contractors delay.
Endralie G. Halog
I concur with Anders - under most contracts, the EOT entitlement is the period of the delay. If the delay occued 6 weeks after the dat of completion but only delayd the work by 5 days, the EOT is the 5 days of delay; penalties apply for the balance of the time. To understand a bit more, there are a coulpe of free papers at: http://www.mosaicprojects.com.au/Planning.html#Delay
Muhammed,
Mike is incorrect. There is no concurrent delay. The three delays you mention all occur at different times - May 13, Jul 13 and Jan 14. So concurrency is not an issue. Just make sure you measure the effects of the May 13 and Jan 14 delays in isolation from anything else in the schedule to determine the effect on the project duration.
For most contracts (including probably yours) an event that occurs after original completion gets treated the same way as those that occur before original completion.
Regards
Anders Axelson.
Hi Muhammad
You have a classic concurrent delay situation which will take a bit of unravelling on the bar chart.
In England there is no clear cut ruling on concurrent delay except that:
1. The contractor is entitled to an EoT for all delays caused by the Employer.
2. The contractor cannot claim costs for delays that he has caused.
3. Direct cause and effect must be demonstrated for each delay impact.
In other parts of the world they are moving towards a more sensible system of apportionment of costs.
There is a full chapter on concurrency in my ebook Principles of Delay Analysis which you can download from
Price £25.00
Best regards
Mike Testro
Email: PPadmin@planningplanet.com
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