1. Theres a question here of whether the the clients requirements to shorten the completion date possibly amounts to instructed acceleration.
2. Assuming the client was happy with the shorter programme then the EoT entitlement will be simply the difference between the day you do get access and the date shown on the programme that you needed access to complete by the given date.
3. If the client, despite giving you access at a later date than required then comes back and stills wants completion by the same date (not unheard of!!!!!) then we are probably back to instructed acceleration again.
Member for
19 years 2 months
Member for19 years2 months
Submitted by ashraf alawady on Sun, 2006-09-10 02:34
*The client requested you to submit a work schedule regarding additional works id.
*The impacted proramme was showing that The add works will be completed by the 3rd week of Oct’06.
*Without resonable reasons, The client rejected the schedule and they asked the contractor to complete the addworks on or before the last week of Sep’06.
*The contractor has accepted the client request and submitted a revised schedule to finish the addworks on the last week of Sep’06 in condition that the client should make sure that the areas are available for him to commence the works as per the revised programme.
* As of to date the areas are not avialable and the client can’t give an exact date for the contractor to access the area.
*As per clause 42.1 of the FIDIC the client has to give to the contractor possession of the site to enable him to proceed with the execution of the works in accordance with the work programme.
*As per clause 42.2 of the FIDIC If the contractor suffers delay from the failure on the part of the client to give possession , the engineer shall, after due consultation with the client, determine any EOT to which the contractor is entitled under clause 44.
As conclution aand in the light of the above, The contractor is not allowed to go back to his first submitted schedule?since he already accepted to do the add. works in agreed duration.
In the same time it is the contractor full right and entitlment to submit his claim for EOT due to the failure on the part of the client to give possession of the site.
Member for
19 years 7 months
Member for19 years7 months
Submitted by Karim Mounir on Thu, 2006-09-07 06:56
It is one of the clients responsibilities to give the contractor the right of access to the site inorder to do the required works otherwise it is the contractor right to submit a claim for additional cost (and/or) an extension of time if he failed to complete the works in its time (due to the clients failure).
Member for
19 years 2 monthsRE: Variation Order
GOOD LUCK,hopping that we have assisted you and answerd your question.
Member for
22 years 5 monthsRE: Variation Order
Thanks a lot to all...
Cheers
Member for
20 years 10 monthsRE: Variation Order
Christian,
1. Theres a question here of whether the the clients requirements to shorten the completion date possibly amounts to instructed acceleration.
2. Assuming the client was happy with the shorter programme then the EoT entitlement will be simply the difference between the day you do get access and the date shown on the programme that you needed access to complete by the given date.
3. If the client, despite giving you access at a later date than required then comes back and stills wants completion by the same date (not unheard of!!!!!) then we are probably back to instructed acceleration again.
Member for
19 years 2 monthsRE: Variation Order
*The client requested you to submit a work schedule regarding additional works id.
*The impacted proramme was showing that The add works will be completed by the 3rd week of Oct’06.
*Without resonable reasons, The client rejected the schedule and they asked the contractor to complete the addworks on or before the last week of Sep’06.
*The contractor has accepted the client request and submitted a revised schedule to finish the addworks on the last week of Sep’06 in condition that the client should make sure that the areas are available for him to commence the works as per the revised programme.
* As of to date the areas are not avialable and the client can’t give an exact date for the contractor to access the area.
*As per clause 42.1 of the FIDIC the client has to give to the contractor possession of the site to enable him to proceed with the execution of the works in accordance with the work programme.
*As per clause 42.2 of the FIDIC If the contractor suffers delay from the failure on the part of the client to give possession , the engineer shall, after due consultation with the client, determine any EOT to which the contractor is entitled under clause 44.
As conclution aand in the light of the above, The contractor is not allowed to go back to his first submitted schedule?since he already accepted to do the add. works in agreed duration.
In the same time it is the contractor full right and entitlment to submit his claim for EOT due to the failure on the part of the client to give possession of the site.
Member for
19 years 7 monthsRE: Variation Order
Christian,
It is one of the clients responsibilities to give the contractor the right of access to the site inorder to do the required works otherwise it is the contractor right to submit a claim for additional cost (and/or) an extension of time if he failed to complete the works in its time (due to the clients failure).
Regards.