Ignorance of reply by consultant

Hi,

we have to follow the contact,if the engineer fail to replay within the stpulated time then the contractor can submit his notices of claim and substanciate his claim showing the addetional time and cost impact on the contract and he has to attach all the supporting documents and the causes of delays clarifing that the engineer is failing to administer the contract properly then he will get all his rights plus the clint may take additional action to remove the engineer or give final warning to him .

Dear Ayman,



If your problems continue with the Consultant and you have proof of continous delays because they are performing their duties, you can approach the Owner to replace the Consultant.



Best,



Samer

Hi,

i would like to draw your kind attantion regarging the following:-



-the contractor has to submit the work program within 28 of the date of letter of accepance (as per clause 14).



- in the progarm the contractor will specifiy a certain duration for the approval of any submittal.

when clause 24 is approved by the engineer,then the durations mentioned in the approved program become a role since the approved program is a very important contractual document.

-

if the contractor noticed any delay from the consultant to reply to his submittal,the contractor has to follow the contract and Write a formal letter to the Engineer - copied to the Employer - as notification for claim as per clause 6 and he has to give the the engineer a sertaing time to reply to his submittals.

if the engineer fail to repay within the stpulated time then the contractor can submit his claim showing the addetional time and cost impact on the contract and he has to attach all the supporting documents and the causes of delays clrifing that the engineer is failing to administer the contract properly .

Hi mike,



Nice Answer, its crystal clear answer for a querry.



Cheers,

Abhi

Hi ayman,



Totally agree with Mike’s post, moreover here is a simple idea:

1- log the date of issuing your correspondences (RFI, submittals,...)

2- add the reasonable period for the consultant reply

3- add the actual date of the consultant reply

4- send this log to your consultant periodically - this log should highlight the overdue periods in the receipt of his replies

5- later on, incorporate all these delays to your schedule



HTH,

Karim

Dear Ayman,



I recommend that you revise your Project schedule to show that the material submittal is on the critical path and its has a float.



If you are confident that you are complying with specifications and you already did a comparison sheet between the required material per specification and the material that you are going to use, then you can proceed with the order at you own risk, but ultimately you will be ok and completing the project on time.



Regarding payment statement per FIDIC, it is clear that the payment should be settled within 56 days period from submittal. After that date, you can ask for finance charges.



Good luck,



Samer

Ayman,



What contract are you actually working under?



Any standard form or a bespoke contract?

Hi Ayman



No matter what FIDIC says it is your contract that applies.



My response to your other thread is relevant here.



If the contract is silent on response times then a "reasonable" period should apply.



If 21 days is reasonable in FIDIC then that may be a starting point.



Write a formal letter to the Engineer - copied to the Employer - stating that he is failing to administer the contract properly and is therefore placing the Employer in breach of conttract.



If you get no response then contact your lawyer to see if you can terminate the contract under the law of your country.



But beware - any termination has to be done properly and legally or the contractor will face very heavy penalties.



Best regards



Mike Testro

Hi Ayman



It is not a good idea to assume that no response = approval.



At the next site meeting give the Engineer a list of all outstanding responses and ask for a date when you will recieve them.



Try to get an agreement for future response times.



Start to issue delay notices if information is being witheld.



Best regards



Mike Testro