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Allowing Contractor to Re-Baseline the Programme

3 replies [Last post]
err ewtwert
User offline. Last seen 13 years 4 weeks ago. Offline
Joined: 18 Oct 2007
Posts: 3
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Hi folks,

first time on this forum and need to discuss some of my concerns.

1 - First thing is, when the Consultant should allow Contractor to re-baseline the Contract programme. My understanding is; only when there is an approved EOT claim which changes atleast one of contract milestone date. Merely, to accept a revised baseline for the reason that Contractor had a delay (no EOT approved so far, means by default assumption is; delay is attributed to Contractor) or Contractor had a major change in work sequence; should not be a valid reason to accept the revised schedule as a re-baseline. When we allow Contractor a rebaseline means we legalize the current delay of Contractor and theoretically agreed on a revised S Curve as a new bench mark to measure the performance. This could have some Contractual consequences such as; the revised baseline if used for time inpact analysis shall give favor to Contractor as the float is lessened than the original baseine. Secondly, it reduced the power of Consultant and Owner to terminate the Contract or give warnings on the delay of Contractor as the revised baseline will show no current delay (Actual = Planed).
In my thoughts, if Contractor has a revised plan (say he changes the sequence of works)or he is delayed, he can make changes in his current plan but still Consultant will use original baseline to measure his performance rather than to accept his revised plan as a revised baseline. Please hare your thoughts.

2 - Secondly,for time impact analysis, some people use the baseline (non updated; data date equal to project start date) and incorporate the event (by dummy activity, revising durations, amending logic, imposing constraints, using suspensions or what ever case) and run the programme to see the impact.
Some people use the updated baseline (by auto update function and with data date equals to event date) to see the impact.
and some use the updated baseline (as of actual site data with data date equals to event date) too determine the impact.

My understanding is; the 2nd option is the best as it suppose float available in the programme belongs to none of party and for the sole benefits of project. please share your thoughts.

Regards

Sami








Replies

Samer Zawaydeh
User offline. Last seen 2 years 47 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Dear Samad,

Yes, at any time the Engineer gives notice that the Program fails to comply with the Contract (in this case you forgot to include certain activities) then the Contractor shall submit a revised program as per FIDIC clause 8.3.

If you have any questions, please let us know.

Best Regards,

Samer
Samad Mohd Abdul
User offline. Last seen 10 years 48 weeks ago. Offline
Joined: 29 Dec 2005
Posts: 14
Groups: None
Hello Samer

I just want to ask you that If the main contractor missises to include some of the activities in the clause 14 programme, and the same has been approved by the Engineer. What is the remedial solution.

Can we ask the main contractor to incorporate the missed out activity in the programme??

Regards,
MAS
Samer Zawaydeh
User offline. Last seen 2 years 47 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Dear Sami,

Answer 1:
Engineer will ask the Contractor to modify the Program of Works when it is no longer representing the actual progress of the project.
Regarding the delays and the EOT, it is always advisable to keep the Schedule current with the latest EOT. That is up to the Contractor to submit and up to the Engineer and Owner to review and approve. Since the communication of the project is not shown on the Program of Works, but supported in the Weekly and Monthly reports, "Default" understanding of the status of the EOT or in progress EOT should be obtained from the reports and not looking at the Schedule.

Answer 2:
There are many methods to do Delay Analysis
a. As Planned vs As Built
b. As Planned Impacted
c. Collapsed As Built
d. Window Analysis
e. Time impact analysis

Depending on the case that you have, you can use one or more methods from the stated above. In depth information is available on line by googling it. Regarding Ownership of the float, if it is not specifically stated in your contract then you can negotiate it with your client and come to an agreement on it.

If you have any specific case, please let us know.

Best Regards,

Samer