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Programme Approval

2 replies [Last post]
Sat, 2008-05-31 16:15
Christian Adrian ...
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Joined: 3 Jun 2003
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Fellow PP’er

I have here a case that might interest you guys and gals. It started like this; previously the contractor had an approved Programme, however the programme was running late for more than a year. A notice from the client’s engineer came requesting the contractor to submit a programme which would show the impact of the new access and completion dates & including the cost implications, however the contractor submitted a new programme that included the all previous actuals of completed and in-progress tasks but has re-defined/re-estimated all the remaining tasks and included all new scope that affected the previous programme as well.

Now the question would be, should the engineer reject the new programme on the basis that the task is not the same as the previous plan and establishing the impact of the new dates should be based on the previously agreed plan? Or should the engineer accept it base on the understanding that the contractor has presented a more clearly defined programme which included all new scope plus the impact of the new dates to the old & new tasks as well?

Any comments or advise are most welcome....
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Replies

Mon, 2008-06-02 16:06
#1
Christian Adrian ...
User offline. Last seen 4 years 38 weeks ago. Offline
Joined: 3 Jun 2003
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Thanks Rav

The new scope are variations (includes new things to be done and increased in quantities)... my guess is that the contractor has change its methodology as they see that the previously conceived plan no longer applies :-)

any thoughts from others???

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Sun, 2008-06-01 10:56
#2
A D
User offline. Last seen 3 years 23 weeks ago. Offline
Joined: 20 May 2007
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Contractually, if the new tasks are inserted are not in the original scope of work, then consultant is not supposed to approve this new programme.

But, if all these tasks are there in the original scope, and he has not added these part of works earlier into program, then he is in breach of contract as per contract he has to submit a program covering full scope of works.

Its a very tricky situation and consultant will take all the advantage of it, considering the situation which favours him.

If i might be the contractor, then I might have kept the oroginal task as it is and the new scope (and Quantities) to be shown as EOT. Even though this is not ethically correct, but contractor has to do this.

It also depends what clause 14.1 says. (Revised Program)
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