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Contractor Mandays Claim

5 replies [Last post]
D Artagnan
User offline. Last seen 2 years 3 weeks ago. Offline
Joined: 19 Sep 2008
Posts: 207

I have this issue:

The project is currently incurring delays due to delay in issuance of the client of the required drawings. That's given. We have not assessed yet (final assessment) the impact. However, we received the letter from the contractor claiming for the mandays specifically for draftsmen, lost due to this delay. I cannot find in the contract anything mentioning about this.

1) Should we consider assessing this? or wait for the complete assessment of the claim once the required drawings are issued?

3) Is it really appropriate for the contractor to have a separate claim for the manpower loss due to the delayed engineering activities due to the late issuance of the client?

4) What are the methodology (appropriate) to measure this and substantiate?

 

Thanks.

Replies

D Artagnan
User offline. Last seen 2 years 3 weeks ago. Offline
Joined: 19 Sep 2008
Posts: 207

Hi Mike,

This is what I thought however the RE was keen on replying. I told him that we'd do the full analysis, time-wise and cost-wise once we have the full substantiation of the claim. It's still an on-going claim and God knows when it's going to end.

It will be a double job at the end.

Thanks.

D'Artagnan

Mike Testro
User offline. Last seen 1 week 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi D

That is not sufficient to establish a claim for idle time of draughtsmen.

You can just let it go and then challenge it later or you can demand further and better particulars so you can pay the correct amount.

It all depends on what sort of mood you are in.

Best regards

Mike Testro

D Artagnan
User offline. Last seen 2 years 3 weeks ago. Offline
Joined: 19 Sep 2008
Posts: 207

Thanks for the prompt reply. However, I believe that this should be submitted altogether with the claims as affected by the delay event (client's delay issuance of the drawings).

It was just a letter with a computation of numbers of drawings against the number of mandays required up to this date.

Thanks again.

Karim Mounir
User offline. Last seen 9 years 33 weeks ago. Offline
Joined: 5 Apr 2006
Posts: 314
Groups: None

Hi D,

 

To add to what Mike said, the Contractor must submit contemporary records to substantiate his "idle" man days claim and he has to prove that there's no concurrent delays during these periods. This submission should have taken place prior submitting the claim.

HTH,

Karim

Mike Testro
User offline. Last seen 1 week 5 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi D.

Are the drawings all late or were they issued in late stages.

If they are all late then the contractor has to establish why the draughtsmen are siiting around waiting when there is other work they could be doing.

If they are late in stages then the contractor has to establish the "idle time" when the draughtsmen were unproductive.

To do this he has to show the planned deployment at the tender stage - and prove that it was reasonable - and then show the time sheets that record the actual idle time.

These records must be submitted regularly - at least weekly and checked and verified.

This would be a normal claim head for any delay and disruption claim where the loss and expense is a direct result of the employers breach.

If your contractor is not submitting regular records then it will be easier for you reduce his cost claim when it is finally issued.

Make sure that any such time sheets are not being issued at a lower level - attached to progress minutes for instance.

Best regards

Mike Testro