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Construction Law/Extension of contract time


Dear Sir,
We are supervising consultant for the road project. the contractor was unable to deliver the project within the first extended time. the consultancy contract signed with the Client ended on 15 dec.2012, however we are still kinda performing our obligations. The contractor submitted a revised work program and asking us to approve it. My questions are:
1. Even though the consultancy contract doesnt exis between us and the client, are we authorized to continiue performing our obligations under the contract, even if the Client has not yet begun any negotiations with us regarding the extension of the consultancy contract.
2. Is it contractor who should first negotiate the time extension directly with the Client (or th Engineer should be contacted first) before the Engineer can approve the revised Work program or can the Engineer (despite expired consultancy contract) approve or negotiate the time extension with the Contract directly.
3. The Client demands the Engineer to approve the revised Work program, however we want to reply that we are not anymore authorized to do that with reference to absence of contract, is it correct to reply like that?
Please give your opinion on these issues thank you.

Dear Sir,
It is your business/entrepreneurial skills to lead to a win- win decision. We are of the opinion, to complete your working/finalization of your recommendations for the project revised schedule/EOT request and sending it to the Employer for his consent as required in your consultancy contract/contract between Employer & contractor. State the present status of the consultancy agreement and its possible legal complications/repercussions on the project. Digital copy of schedule delay analysis should not provide to the Employer. Furthermore, the request for extension in consultancy agreement as well as the release of payments for the invoices rose for the extended period must communicated/documented.  
Once have served the notice of expiry of the consultancy agreement and requested for its extension. You have done your job, keep reminding the Employer. Even, after that the interaction of the Employer through letters / faxes / meeting / presentations, etc., it appears to be an implied consent of the Employer for is extension /request of the consultancy services.
Be aware of the Employers intention of interpretation of the contract to pursue/substantiate//proof consultancy contract; a fixed price contract and delay reason/obligation is due to the consultant. Refer to your consultancy contract as well as the contract between Employer/contractor for the said clauses.
For minor things/issues, we should refrain to spoil our business, but the responsibility lies with both the parties. However, as a professional, we must learn to say NO.
It is unfortunate that Employer is reluctant to extend your consultancy contract; unless we are not fair to each other, irrespective of the fact that who is consultant/contractor/Employer will not do any good to the society. We must be professional and honest to God/ALLAH, the project, and other stakeholders.  

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Akhtar Hussain Mayo


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


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

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

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

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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