Since you work for client/owner, there are two delay events
1. Due to contractor 2. Due to Client/owner [Excusable]
You need to check whether the latest consented pro-gramme has absorbed the mentioned delay events or not .I trust you have to use the latest consented programme of works as reference for impacting delay events as the changes in execution might have been incorporated in the latest consented pro-gramme
Member for
16 years 3 months
Member for16 years4 months
Submitted by tandyo winarno on Fri, 2010-04-09 03:53
I suggest starting to identify what type of EOT claim are you preparing first.
a) EOT time associated only
b) EOT time associated with prolongation cost
c) EOT time and cost associated
d) EOT to justify the revised baseline
This process will make your preparation easier and where to concentrate in preparing the EOT claim.
If the revised baseline is only changing critical path and construction methodology with associated delay impact but not changing the milestone date of completion then you can used all and use the float mapping by comparing the original float to revised baseline float and the impact on project. Is it main reason for delay or another issue for delay? If not then which ever baseline you used as long as you can illustrate and client understand where you coming from.
You have two delay events and one approved baseline at the start + two updates.
If the event didnt start from the beginning then it means that it is being delayed. So you can start with the approved baseline and impact it with the delay. See what happens. Do the same for the 2nd event separately and see what heppens as well. Then run the Schedule with the two delays and see what happens.
You need to use your experience at site, basically, it must reflect what actually happened and you need to know what caused that. Your model must be realistic for the other party to consider agreeing with you.
For my opinion (Im just guessing), you should use the first one (or the original baseline). It doesnt matter how many times you had changed your baseline during or within the original timeframe, (as for sure the timeframe is extended).
Your calculations will surely start from the contract commencement date.
Best regards
Member for
16 years 3 months
Member for16 years4 months
Submitted by tandyo winarno on Wed, 2010-04-07 03:13
Which the the approved program of works (Baseline) that will be used for reference in evaluating the request of EOT? The first agreed in the beginning project or the latest one? since the baseline has been re-evaluated during project execution and then was changed for 2 times.
The Total Float for the respective activities is not same for the first Baseline and latest Baseline.
Regards,
Tandyo
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Wed, 2010-04-07 02:54
It is good idea, however I need to review whether or not it can be applied considering government regulation/term regarding Oil and Gas Project since it is Production Sharing Contract Project(Cost Recovery).
If the security fence is not essential to the works the Employer can take possession and instruct the fence to be completed within a certain time afterwards.
Project Completion will be the date of possession.
Any EXTRA supervision costs for finishing the fence after contract completion will be payable.
Best regards
Mike Testro
Member for
16 years 7 months
Member for16 years7 months
Submitted by Gary Whitehead on Tue, 2010-04-06 04:31
Samer is correct to say that you need to be sure you understand the true delay, and true causes of this delay to both fence & process works.
But yes, in theory if the milestone to which LDs are attached is mechanical completion of entire site, then the client delay on the fence could protect contractor against his delay on process area.
However you are in a situation of concurrent delay, which can get quite complex to resolve. If you use the PP search function, you should find numerous discussions about concurrent delay here from people with much more expertise than I on the topic, but from what youve said it sounds like contractor might get protection from the delay penalty, with no right to claim extra costs.
As always, your first step should be to check your contract thoroughly. It may be for example that the client has the right to exclude the fence works from the mechanical completion milestone, making contractor liable to delay for the remainder.
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Tue, 2010-04-06 02:39
It depends on the approved program of works that was submitted at the beginning of the Project and was approved by the Engineer/ Client representative.
The tool that monitors time on the project is the Schedule. The Schedule has critical activities. If these activities are delayed, (and your schedule is correct) then the Project will be delayed.
So to answer you questions, you need to see the Critical Activities in your Approved Program of Works (Schedule).
If you do not have a Schedule, then you need to come to an agreement with the Contractor. You can ask the Engineers on the Job to provide you with a good and reasonable estimate, or you can hire professional experts to provide you with their opinion. In case that these two methods fail, then you can go to courts.
Contractor can claim for offsite area with necessary substantiation for entitlement .since the contract covers both the area ,contractor can cover up his delay { in process area} through offsite area which is owners fault
Member for
16 years 11 monthsRE: EOT
Hi tandyo
Since you work for client/owner, there are two delay events
1. Due to contractor 2. Due to Client/owner [Excusable]
You need to check whether the latest consented pro-gramme has absorbed the mentioned delay events or not .I trust you have to use the latest consented programme of works as reference for impacting delay events as the changes in execution might have been incorporated in the latest consented pro-gramme
Member for
16 years 3 monthsRE: EOT
Rodel,
Yes, I will start with identifying what type of EOT.
Shahul,
I am working for owner for a project.
Yes, the latest baseline got consented
I just compare the total float for the respective activity with the contractor idle time due to obstruction beyond their control. (owner obligation).
Thanks
Tandyo
Member for
19 yearsRE: EOT
Tandyo,
I suggest starting to identify what type of EOT claim are you preparing first.
a) EOT time associated only
b) EOT time associated with prolongation cost
c) EOT time and cost associated
d) EOT to justify the revised baseline
This process will make your preparation easier and where to concentrate in preparing the EOT claim.
If the revised baseline is only changing critical path and construction methodology with associated delay impact but not changing the milestone date of completion then you can used all and use the float mapping by comparing the original float to revised baseline float and the impact on project. Is it main reason for delay or another issue for delay? If not then which ever baseline you used as long as you can illustrate and client understand where you coming from.
Member for
16 years 11 monthsRE: EOT
Hi Tandyo
Are you working in favor of contractor or Engineer/Consultant?
Since the baseline got revised twice does the latest baseline got consented ? Which cause and effect method you use to demonstrate the delay
Member for
17 years 3 monthsRE: EOT
Dear Tandyo,
You have two delay events and one approved baseline at the start + two updates.
If the event didnt start from the beginning then it means that it is being delayed. So you can start with the approved baseline and impact it with the delay. See what happens. Do the same for the 2nd event separately and see what heppens as well. Then run the Schedule with the two delays and see what happens.
You need to use your experience at site, basically, it must reflect what actually happened and you need to know what caused that. Your model must be realistic for the other party to consider agreeing with you.
With kind regards,
Samer
Member for
19 years 1 monthRE: EOT
Tandyo,
For my opinion (Im just guessing), you should use the first one (or the original baseline). It doesnt matter how many times you had changed your baseline during or within the original timeframe, (as for sure the timeframe is extended).
Your calculations will surely start from the contract commencement date.
Best regards
Member for
16 years 3 monthsRE: EOT
Thanks Samer,
Which the the approved program of works (Baseline) that will be used for reference in evaluating the request of EOT? The first agreed in the beginning project or the latest one? since the baseline has been re-evaluated during project execution and then was changed for 2 times.
The Total Float for the respective activities is not same for the first Baseline and latest Baseline.
Regards,
Tandyo
Member for
17 years 3 monthsRE: EOT
Dear Tandyo,
The first things that you have to do is to read all the Contract Documents. Sorry for not pointing out that earlier.
The second thing that you want to know is that the Contract Documnets must be abiding by the Laws of the Country that you are working in.
With kind regards,
Samer
Member for
16 years 3 monthsRE: EOT
All,
Thanks for your sharing. I noted your advise.
Mike,
It is good idea, however I need to review whether or not it can be applied considering government regulation/term regarding Oil and Gas Project since it is Production Sharing Contract Project(Cost Recovery).
Thanks.
Member for
19 years 10 monthsRE: EOT
Hi Tandyo
If the security fence is not essential to the works the Employer can take possession and instruct the fence to be completed within a certain time afterwards.
Project Completion will be the date of possession.
Any EXTRA supervision costs for finishing the fence after contract completion will be payable.
Best regards
Mike Testro
Member for
16 years 7 monthsRE: EOT
Tandyo,
Samer is correct to say that you need to be sure you understand the true delay, and true causes of this delay to both fence & process works.
But yes, in theory if the milestone to which LDs are attached is mechanical completion of entire site, then the client delay on the fence could protect contractor against his delay on process area.
However you are in a situation of concurrent delay, which can get quite complex to resolve. If you use the PP search function, you should find numerous discussions about concurrent delay here from people with much more expertise than I on the topic, but from what youve said it sounds like contractor might get protection from the delay penalty, with no right to claim extra costs.
As always, your first step should be to check your contract thoroughly. It may be for example that the client has the right to exclude the fence works from the mechanical completion milestone, making contractor liable to delay for the remainder.
Member for
17 years 3 monthsRE: EOT
Dear tandyo,
It depends on the approved program of works that was submitted at the beginning of the Project and was approved by the Engineer/ Client representative.
The tool that monitors time on the project is the Schedule. The Schedule has critical activities. If these activities are delayed, (and your schedule is correct) then the Project will be delayed.
So to answer you questions, you need to see the Critical Activities in your Approved Program of Works (Schedule).
If you do not have a Schedule, then you need to come to an agreement with the Contractor. You can ask the Engineers on the Job to provide you with a good and reasonable estimate, or you can hire professional experts to provide you with their opinion. In case that these two methods fail, then you can go to courts.
With kind regards,
Samer
Member for
16 years 11 monthsRE: EOT
Hi Tandyo
Contractor can claim for offsite area with necessary substantiation for entitlement .since the contract covers both the area ,contractor can cover up his delay { in process area} through offsite area which is owners fault