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projected NTP and contractual dates vs actual start

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John Reeves
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If a contract uses NTP and Substantial Completion dates in the bid documents, and the NTP starts significantly after, such as 50 days.  What would you call simply sliding the timeframe.  It should not require a change order because the odds of starting on that exact date are low.  Change Orders generally have to go to a board meeting which is overkill if everyone is agreement.  Also, "high level proceed orders" can be used but that again brings negative attention to something that is just business as usual.  What can sliding the dates (not increasing contract duration) be called without making it a big deal for a short little job where everyone agrees?

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Zoltan Palffy
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WARNING do not build a schedule that show you completing within the shortened time frame.

Build it as you stated 60 days past the compltion date and then ask for a EOT.

Option #1

The schedule will be rejected and the basis is that it does not meet the required time frame. Thne you ask for a EOT and the contract modification is issued and you can re-submit the schedule.

 

Option #2

A contract modification is issued that extends the project by 60 days and then the schedule can be approved as is. 

John Reeves
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My "for instance" case is a weird one.  It was like a 60 day job that had an Substantial Completion date in the contract, and the time was half gone before the NTP.  So everyone was on board it should be kicked out from the real NTP date.  But I just wanted to confirm, the only way or correct way is to have the contractor build a schedule to the original dates (which in reality is past and impossible.) approve that as the baseline because it hits the contractual dates.  Then get a change order for the new dates and slide the project to those dates as the "Adjusted Baseline" ?  And which is better Adjusted Baseline or Revised Baseline?

Zoltan Palffy
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Contractual dates are typically generated from days AFTER NTP and after award this way the award date and NTP date can move the contractual date will be calculated correctly. 

Patrick Weaver
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The contract does not exist until it is signed.  Pre-contract infomration can be adjusted in the contract before signature.  But if the signed contrct states a completin date and the actions of the client have caused a delay (ie, preventing starting on time) then there extension of time provisions apply. This requiers either  a change order or an approved claim.  Generally, you cannot just alter a contract, for more on this see: https://mosaicprojects.com.au/PMKI-TPI-080.php#ADD

Rodel Marasigan
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Hi John,

Not really and it’s not always the case. Depending on the contract and the outcome of the contract during the tendering process. Please note that during the tendering phase, there is a lot of unknown and assumptions that the contractor are put into the tender which being clarified and resolved during the tender review and evaluation. This may change the contractual completion date and other significant milestone in the contract. The priority and sequencing may also change depending on what is contractor supply and what is the client supply. Some outcome that I have always encounter is the de-risking of the long lead equipment and long lead item (LLE &LLI). These may already procure by the client and novated to contractor during the award of the contract. Some of the fabricated item may change to modular from stick-built prior to award. Contactor interface milestone may also change. Better checked the contract and the addendum to make sure. This is why the schedule are being required to submit after 30 days of contract award or what ever is stated in the contract deliverables and to be approve as a baseline once complied and agreed by both parties. If the contract milestones date is just as simple as NTP + days (same as tender docs NTP+ days) then yes it just moving the data date will do the work (assuming that the schedule was complete compliance with the CPM industry standard practice and not constrain driven).