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CONTRACT PROGRAM-INCORPORATION OF COMMENTS

5 replies [Last post]
Mon, 2006-01-23 15:17
Kumar I
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WHILE THE SCHEDULE IS BEING APPROVED ,WE AS CONTRACTOR ARE DELAYED IN A PROJECT.EG WE ARE DELAYED IN THE FOUNDATIONS WHICH HAS BEEN COMPLETED,NOW IN OUR CONTRACT PROGRAM WHICH IS NOT APPROVED,THE ENGINEER HAS GIVEN SOME COMMENT TO INCORPORATE AND SUBMIT AGAIN FOR APPROVAL.NOW DURING RESUBMITTING THE SAME,IF WE MAKE CHANGES IN THE DURATIONS OF THE FOUNDATIONS ETC SO THAT OUR DELAY IS ELIMINATED,CAN THE ENGINEER OBJECT TO THE SAME,AS WE ARE MAKING CHANGES TO SOME ACTIVITIES WHICH HE DIDNOT COMMENT PREVIOUSLY
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Wed, 2006-01-25 20:28
#1
Andrew Flowerdew
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Kumar,

Clive has got it spot on.
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Wed, 2006-01-25 14:43
#2
Kumar I
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Clive,
Thanks a lot for your reply
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Wed, 2006-01-25 01:23
#3
Clive Randall
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Kumar
I here what you say about approval of the programme by the client however this is quite unusual. He the client will often say you have to incorporate his comments and obviously if these comments are on the specification requirements he has a valid point. If they are not and are his perception of what he wants to see or how he would do it work with caution.
From your first paragraph it would appear that your baseline has required housekeeping to bring it in line with the programme specified requirements. Thats ok however worth noting is that the vast majority of your programme is ok and probably is and would be considered acceptable should a claim be based on these areas. Many clients delay signing off on a programme as they believe it erodes the contractors ability to substantiate claims.
You advise that you are responsible for the foundation delays and intend to incorporate the delays in the baseline by ammending durations.
I would suggest the way to go is to place yourself in the day one position ie before works commneced and draft /ammend the programme only by including the clients comments. Get that baseline finalised. From the clients perspective he could ask you to ammend your programme to incorporate the delays but normally this is difficult if no baseline has been agreed.
Once you have baseline agreed resubmit a revised programme to ammend other durations flowing from the foundations. You dont need to amend the foundations duration just add progress and reschedule. That will also provide you with a revised programme/critical path potentially with negative float. By carefully reviewing and adjusting activities with negative float you will have generated a similar programme with all the inherant baseline logic. I would advise you to track the changes you make.
As to whether the client will object I cant speculate but at least you should end up with an initial programme and a programme with progress which reflects the delay to the initial baseline.
If at a later date you discover some cunning plan to pin the foundation delays on the client you will not have accepted liability for the delay by extending the foundation duration
Any thoughts
Clive
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Tue, 2006-01-24 15:23
#4
Kumar I
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Clive,
Program has to be approved by the clients representative.Its now few months since the initial baseline was submitted,since then the baseline
program has been resubmitted a couple of times to incorporate the clients comments and to comply with the contract specs.

The delays are of our ( contractors) making.Delays have occured recently,and in our proposed resubmission of the program,we intend to increase the durations of the foundations to cover our delay.My question is can the client object to the above.

Are you saying from the date our initial baseline has been submitted the baseline should not be revised,(to absorb the delays occuring after the initial baseline submission date) in the subsequent baseline resubmittals for approval.
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Tue, 2006-01-24 01:51
#5
Clive Randall
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Kumar
Some thoughts
Does the programme get approved by your Client or his representative? Do you have to incorporate the comments?
Has the delay to the foundations been caused by design changes? Have you lodged a claim for the delay?

My advice would be only to incorporate comments raised and valid on the date when the programme was submitted ie do not include delays after this date. This should give you a baseline. Then if so required you can ammend the programme baseline with due regard for delays.

This issue is very frequent and you may find that by incorporating the delays etc you erode your delay claims
Clive
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