Construction Law/Work Programme

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Question
Dear Sir,
With reference to FIDIC 1999 (Design Build), can the Engineer instruct the Contractor to resubmit already approved working schedule if any discrepancies are found in working schedule later on?

Answer
Dear sohail,
We understand that The Engineer “ shall have no authority to relieve the contractor of any of his obligations”, the Employer take no responsibility for the practicability of the Contractors program and method of works, responsibility unaffected by approval, setting out clause and approval of materials ect, reflects that  the Contractor is responsible to ensure the overall completion of the project as well as the intermediate contractual targets  envisaged in the contract.
Also, under the rate of progress clause, the engineer may require the contractor to accelerate the works for the culpable delays (contractor’s delays) to complete the works in time. Further, the contractor is not allowed to impose greater responsibilities on the employer by submitting accelerated work programs, towards obligations for possession of site, provision of electricity and water, approvals/licenses, liquidated  damages and cash flows ect.
It is therefore, we understand that the Engineer may ask the contractor to rectify the schedule problematic area/sequence and ensure in-time completion of the project.
Best Regards,
Akhtar Hussain Mayo
MS TQM, BE-Mechanical Engineer

Construction Law

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Akhtar Hussain Mayo

Expertise

I am interested to comment on Project planning/scheduling, schedule updating, extension of time delay analysis, concurrent delays, extension of time, extension of time delay compensation cost analysis, up to some extent on contractual matters, for the sake of my learning

Experience

worked on a Eot and cost compensation claim in 1992 for 34 million USD, 1987-1992 worked as RE technical at Tarbela third extension, Pakistan, 1992-1996 scheduling and construction claim processing at Lahore/Karachi on Thermal projects, 1197 to 2006 in Saudi Arabia project scheduling/coordination/monitoring and managing the multiple activities for completing four 300 beds hospitals in different parts of the world, since 2006 to date working for scheduling, delay analysis, cost compensation Eot claims and project monitoring. Also, Quality manuals review, monitoring and quality audit

Organizations
National Engineering Services of Pakistan, Lahore, since 1982 - to date.

Publications
published my method in "The Engineer" Delay cost analysis through as-planned verses as-built and as-adjusted time schedule. 1991

Education/Credentials
1976-81 Bsc Engineering (Mechanical), UET (Lahore) 2007-2009 MS TQM (Total Quality Management) PU (Lahore) courses in CPM/PERT PIM Lahore Project planning/Control work shop ARAMCO, Dahran Primavera users conference in Jeddah. Heat recovery systems quality inspection in China 220 Kv transmission line tower manufacturing quality assurance at Lahore

Awards and Honors
- Best service award from Saudi German Hospitals Group (SGH), Jeddah during the construction planning/scheduling and monitoring of Abha Hospital, Saudi Arabia. - Selected as Steering Committee member for SGH Group, Jeddah. - Selected as Strategic Committee for business development, SGH, Jeddah. - Headed the committee for standardized recrutment of medical staff from different parts of the world for initial start-Up of hospitals.

Past/Present Clients
Water and Power Development Authority KaracHi Electric Supply Corporation Saudi German Hospitals Group,Jeddah Civil Aviation Authority, Islamabad, Pakistan Laraib Energy Limited, Mir Pur Azad-Kashmir, Pakistan Central Power Generation company processing the Eot Claims and cost compensation of claims CPGCL-GENCO-II, Lahore

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