Hi all,
(I'm not sure if this is the right place to ask about this issue, if its not please let me now)
I have been assigned to a project with the contractor to create a baseline for it after the contractual deadline. When I was finished with the schedule, it has already been one month latefor submission. Therefore, the Consultant is asking me to shift all dates and reflect the actual situation. For example, Activity A on BL shouldve been completed on 1, Sep 2018, but it was completed on 15, Sep 2018 (finished before submitting the BL). So, they are asking me to put the second date as the BL date and not the first one. The only problem with their request is that one of the critical activities is delayed due to an instruction by the client. The Consultant, trying to be clever, wants me to shift the delay on the BL (since its not approved yet) and blame the contractor for breaching the contract by not submitting it on time. If I do this I will lose my right to claim for EOT later on. I know that the contractor is at fault for missing the deadline, but thats a different issue and not related to the delay by Client.
Can anyone help me get out of this problem? What contractual evidence could I use from FIDIC 1999 to solve this problem with the least amount of damages? Knowing that there is no particular conditions related to this issue.
Thanks!