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Site Instructions Vs. Variation Orders in Assessing EOT

3 replies [Last post]
Dimple Dean
User offline. Last seen 6 years 41 weeks ago. Offline
Joined: 20 Oct 2015
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Hi All!

I am working on a Client side, I have a project scenario as below.

1.       In our project, the conditions of contract states that Contractor cannot proceed without the approval of V.O.

2.       Site Instructions has issued to Contractor before the approval of V.O. and on actual Contractor started V.O. works on site before the V.O. was approved by Client.

Now my question is, in analyzing delays using any method or TIA, what date must be used by us as a Client? Is it the date the V.O. was approved or is it the date Contractor has started on site based on the procurement and delivery dates?

 

Thanks in advance!

Replies

Mike Testro
User offline. Last seen 4 weeks 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Dimple

The daily report is a statement of fact so use it.

Best regards

Mike T.

Dimple Dean
User offline. Last seen 6 years 41 weeks ago. Offline
Joined: 20 Oct 2015
Posts: 18
Groups: None

In considering the start date of work, is it the date from the Daily Report or I can use the Delivery Date of the materials?

Many thanks Mr. Mike

 

Mike Testro
User offline. Last seen 4 weeks 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Dimple

The contractor has proceeded with the variation at risk of receiving a VO. He has in fact mitigated the impact of the delay.

The piece of paper is only retrospective confirmation of something that has happened.

The date of impact of the event therefore must be the date that the Contractor started the work - it seems unfair but that is the case.

Apply the rules but please do not unjustly punish a contractor who was only doing his best.

Best regards

Mike Testro