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NEC - EoT Entitlement

4 replies [Last post]
TONY SEWELL
User offline. Last seen 11 years 39 weeks ago. Offline
Joined: 6 Sep 2010
Posts: 25

Am I right in my thinking with the following.....

 

I have assessed a PMI and impacted the last Accpeted programme, as a result there is a 2 day impact to Planned Completion.

 

However when I then put these works in the current Draft Programme (with submission imminent), the is no delay impact as there is 2 days float and therefore the works slot in and and become Critical.

 

My view is that we are still entitled to the 2 day delay costs and therefore the Contract Completion should move out to accommodate the 2 days (albeit with the planned Completion remaining in the same place and therefore the CTTR bar extends by 2 days).

 

Because the impact must be assessed against the accpeted programme at the time the impact was raised (even if you know the logic has subsequently changed within the draft programme you are currently working on).

 

Any thoughts??

Replies

TONY SEWELL
User offline. Last seen 11 years 39 weeks ago. Offline
Joined: 6 Sep 2010
Posts: 25

I guess the question I have is.......

 

Where do you stand in terms of entitlement when the logic of your current Cl32 Programme differs from the Cl62 programme and therefore the impact of additional work is different?

TONY SEWELL
User offline. Last seen 11 years 39 weeks ago. Offline
Joined: 6 Sep 2010
Posts: 25

There is Time Risk within the programme.

 

There is a major programme change between the last accpeted and the current draft, as we have lifted out a section of works and placed it after the planned Completion Date with the agreement of the PM, therefore the logic has changed significantly.

 

I guess a simplifeid version of the question would be if the accpeted programme was the 1st programme with all others being rejected, therefore the logic of the accepted programme was very different from the actual logic.

 

In this case you would only assess against the accpeted logic which beared no resemberlance to the current logic and therefore would you be entitled to a say 10 day delay against accepted if that delay had now been mititgated by your works on site?

 

What does entitlement actually allow for?

TONY SEWELL
User offline. Last seen 11 years 39 weeks ago. Offline
Joined: 6 Sep 2010
Posts: 25

There is Time Risk within the programme.

 

There is a major programme change between the last accpeted and the current draft, as we have lifted out a section of works and placed it after the planned Completion Date with the agreement of the PM, therefore the logic has changed significantly.

 

I guess a simplifeid version of the question would be if the accpeted programme was the 1st programme with all others being rejected, therefore the logic of the accepted programme was very different from the actual logic.

 

In this case you would only assess against the accpeted logic which beared no resemberlance to the current logic and therefore would you be entitled to a say 10 day delay against accepted if that delay had now been mititgated by your works on site?

 

What does entitlement actually allow for?

Mike Testro
User offline. Last seen 5 weeks 2 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Tony

Are there any Time Risk Buffers in your programme.

There should be two:

1.  For Contractors Time Risk Contingency - which is not changed if there are compensatable delay evnts.

2.  For Employers use to absorb compensatable delays.

If there aren't any buffers then you are not applying the contract correctly and I suggest that you go back to the original approved programme and put them in and then get retrospective approval.

Then run the changes again.

If the changes then just use up float off the critical path then that is the result - so no compensation.

Best regards

Mike Testro