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Baselines and defacto baselines & re-baselines - legal vs practical?

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John Reeves
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There is the original Project approved baseline.  The project evolves, the project gets behind, so there is a major change in phasing to bring it back a bit.  Can you approve a re-phasing project as a Re-baseline if it is negative?  Can you have a defacto baseline?  Meaning shouldn't we compare the current updates to the "changed phasing" version - or do you have to keep comparing to the Original Legal baseline?   What are the general legal issues to keep in mind with re-baselines - it seems like they should occur almost each time projects change sometimes.

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Zoltan Palffy
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you would compare the current to the re-baseline hence the work RE-Baseline this is your new line in the sand in which progress should be measured against. 

Rodel Marasigan
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The approved original Project Baseline will always the legal baseline to be used unless an approved EOT has been placed which requires re-baseline to be approved with compliance on the approved EOT. If the project is behind and had been ask for recovery schedule, it does not mean that if will be use as a new baseline. It is a what if scenario to mitigate the delay and best-case scenario to bring the project back to schedule. A baseline cannot have a negative float as it was an indication that your project completion is not achievable. A recovery schedule may change the logic, re-phasing and may include acceleration on contractor’s cost. A comparison with current updated schedule vs recovery is only a what if scenario and not legally binding with the contract unless it is the approved re-baseline based on the approved EOT.