Here’s the situation:
A concept design forming part of a contract issued by client proved to be unfeasible when the contractor went out to tender with suppliers of the relevant equipment.
A period of time was spent investigating alternative solutions. (critical path)
The equipment suppliers proposed an alternative solution which was accepted by the client.
The equipment required for this solution was subject to significantly reduced delivery lead times. (critical path)
The net impact on project completion was virtually zero.
Under the contract, any contractor proposed variations which are accepted by the client do not change target completion date.
Here’s the question: Can the contractor treat the work to find an alternative solution as a seperate EOT (time, not cost) claim, and treat the gains in procurement time as a contractor proposal which has no impact on the contract completion date, or should the two be assesed together as a (virtually) nil change to contract completion?
I’m struggling to get hold of the contract docs on this one, so appreciate any answers given will be subject to the specific wording in the relevant clauses.
Thanks in advance,
G
A concept design forming part of a contract issued by client proved to be unfeasible when the contractor went out to tender with suppliers of the relevant equipment.
A period of time was spent investigating alternative solutions. (critical path)
The equipment suppliers proposed an alternative solution which was accepted by the client.
The equipment required for this solution was subject to significantly reduced delivery lead times. (critical path)
The net impact on project completion was virtually zero.
Under the contract, any contractor proposed variations which are accepted by the client do not change target completion date.
Here’s the question: Can the contractor treat the work to find an alternative solution as a seperate EOT (time, not cost) claim, and treat the gains in procurement time as a contractor proposal which has no impact on the contract completion date, or should the two be assesed together as a (virtually) nil change to contract completion?
I’m struggling to get hold of the contract docs on this one, so appreciate any answers given will be subject to the specific wording in the relevant clauses.
Thanks in advance,
G