In adiition to Mikes' excellent advice, I think you need to play your cards well, by that I mean you need to build-up your case by documentation and keeping proper records of events, especially "excusable delays" mind you, not all excusable delays are compensable.
If there is no acceleration clause in the contract AND the client has delayed the works AND the client insists that the original milestones be met THEN you have constructive acceleration.
In which case you will probably have a Time at Large situation.
The best route from here is to negotiate a change in the contract for an agreed acceleration cost and period - Time at Large puts the contractor in a strong negotiating position.
If that does not work then the contractor has a reasonable time to complete the works and the employer loses his right to LaD's - Penalties.
Member for
14 years 5 monthsThanks Mike/Daniel Great info
Thanks Mike/Daniel
Great info as always.
Regards
Aidan
Member for
24 yearsHi Aidan,In adiition to
Hi Aidan,
In adiition to Mikes' excellent advice, I think you need to play your cards well, by that I mean you need to build-up your case by documentation and keeping proper records of events, especially "excusable delays" mind you, not all excusable delays are compensable.
Regards,
Daniel
Member for
19 years 10 monthsHi Aidan. If there is no
Hi Aidan.
If there is no acceleration clause in the contract AND the client has delayed the works AND the client insists that the original milestones be met THEN you have constructive acceleration.
In which case you will probably have a Time at Large situation.
The best route from here is to negotiate a change in the contract for an agreed acceleration cost and period - Time at Large puts the contractor in a strong negotiating position.
If that does not work then the contractor has a reasonable time to complete the works and the employer loses his right to LaD's - Penalties.
Best regards
Mike Testro