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Client Claim Tenability evaluation

4 replies [Last post]
Somenath Acharya
User offline. Last seen 4 years 50 weeks ago. Offline
Joined: 14 Oct 2014
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Dear Friend,

I am operating in India Leading a Planning Team in Contractor's side for a High rise Residential Project.

The contract is in Item Rate Basis. Presently we are at verge of Completion @ 94% with respect to overall Project Scope.Presently we are submitting all our pending tenable claims to Client. Now client has issued a letter stating the intention of recovery a huge amount saying that Internal Plaster 15mm has been done in 12mm at actual. But the same has been instructed through Good For Construction Copy from Client mentioning 12mm. Plaster at Internal side and 20mm. Plaster at External side.

Afterwards Same has been confirmed by Cleint vide Mehtod statement approval that 12mm. intenal and 20mm. External Plaster as per GFC drawing.

Moreover out of 7 Nos. 50 storied Towers we have completed and handed over four Towers and other Towers also 85% of Plaster scope is completed. In the Tender time also we have submitted our overall rate only not the item wise rate analysis. But presently Cleient derived a rate from their own for materials price recovery for the variance thickness.

Is it could be done in Item Rate contract?

Is it could be done @ 94% project completion stage?

Is the Client Claim is tenable?

How it could be objected?

Is there any Supporting documents as per indian or Internaltion Contract Law?

Please advise

Regards

Somenath

Replies

Somenath Acharya
User offline. Last seen 4 years 50 weeks ago. Offline
Joined: 14 Oct 2014
Posts: 6
Groups: None

Hi everyone. Hope u all are keeping well.
Our Company trying to Standard the Project Schedule WBS. The Objective is that the Initial detailed scheduled WBS will be same across organization and the same WBS will be uploaded in EIP. Any platform like DPR, WPR, Cost Recon, Cost packages, NAVIS work, P6, Safety and Quality will take the required WBS from the WBS Master. It will be generic and only the nomenclature could be changed based on Projects. (e.g. Airports, Residential High rise, Hospital, IT & Office Space, Mall etc.).Please suggest some industry standard or some suitable one..
Regards
Somenath Acharya

Somenath Acharya
User offline. Last seen 4 years 50 weeks ago. Offline
Joined: 14 Oct 2014
Posts: 6
Groups: None

Hi everyone. Hope u all are keeping well.
Our Company trying to Standard the Project Schedule WBS. The Objective is that the Initial detailed scheduled WBS will be same across organization and the same WBS will be uploaded in EIP. Any platform like DPR, WPR, Cost Recon, Cost packages, NAVIS work, P6, Safety and Quality will take the required WBS from the WBS Master. It will be generic and only the nomenclature could be changed based on Projects. (e.g. Airports, Residential High rise, Hospital, IT & Office Space, Mall etc.).Please suggest some industry standard or some suitable one..
Regards
Somenath Acharya

Somenath Acharya
User offline. Last seen 4 years 50 weeks ago. Offline
Joined: 14 Oct 2014
Posts: 6
Groups: None

Thanks Mike. We have settled the claim as per Indian Contract Law as advised.

Mike Testro
User offline. Last seen 1 week 4 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Somenath

If you have been paid for 15mm plaster but have installed 12 mm plaster then obviously the rate has to be adjusted.

This is apart from the debate about the suitability of the thinner plaster in a domestic environment.

If the Contract is insufficient in this case then your fall back is the India Contract Act 1872 which over rides the Contract.

Best regards

Mike Testro