Gentlemen,
If the Contractor had submitted a schedule of works and got the consent of the Engineer. After successive changes and modifications in the scope of works caused by the Owner, the Contractor revised his schedule and submitted it but did not get any reply from the Engineer/Owner (consent or not)even though this revised schedule’s end date matches with the Contract completion date and the program of works reflected the approach/scenario for which the Contractor was realistically following and the acceleration put to overcome the impact of the changes. After revising the program, the changes, variations and modifications kept dragging on and on, until the Contractor could not recover the delays imposed on him and notified the Engineer that he could not complete the works at the Contract completion end date and submitted a claim accordingly.
In his claim process, is the Contractor allowed to use the revised schedule even though not consented to reflect the acceleration and additional resources being put to mitigate as much as possible delays incurred on him?
If the Contractor had submitted a schedule of works and got the consent of the Engineer. After successive changes and modifications in the scope of works caused by the Owner, the Contractor revised his schedule and submitted it but did not get any reply from the Engineer/Owner (consent or not)even though this revised schedule’s end date matches with the Contract completion date and the program of works reflected the approach/scenario for which the Contractor was realistically following and the acceleration put to overcome the impact of the changes. After revising the program, the changes, variations and modifications kept dragging on and on, until the Contractor could not recover the delays imposed on him and notified the Engineer that he could not complete the works at the Contract completion end date and submitted a claim accordingly.
In his claim process, is the Contractor allowed to use the revised schedule even though not consented to reflect the acceleration and additional resources being put to mitigate as much as possible delays incurred on him?