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Construction Law/Naming of Contractor's Program

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Question
Dear Sir,

We are the Main Contractor working in Abu Dhabi, UAE working in a public sector project owned by a Governmental body.

In our EPC project, we have an approved Base Line Program. In the next step, the Employer is asking us to submit another program to recover the lost time. The loss of time is imparted due to various reasons. However, being fair and frank, the Employer has a major share in the delay.

As per Contract, there is no provision to submit a program named Recovery Program. This query is all about the title of such a second program but the worry is about the further consequences. Can we title such a revised program a Recovery Program? Further more, if we call this program a Recovery Program, what all would be the consequences in general? Would it be better to use a title, Revised Program? On the other hand, if Contractor use the name Recovery Program, would it be Contractor's obligation to propose an acceleration schedule and cost in addition?

The name shall matter, I should say. Kindly advise.

Answer
Good Day Abdu,

You have not identified what form of contract is used to govern the works. Nevertheless, having reviewed your situation, you are correct in saying "the programme should be termed "Revised" programme and not "Recovery" programme".  However, the use of either term is not as important as having submitted an official notice of delay (caused by the employer) and a request for extension of time  with possible prolongation cost (if entitled), within the period specified in the contract.


Establishing this contractual position will then promote the need to provide remedies to recover the lost time by accelerating the works or to award an extension to the completion date.

In the event that there is an agreement or instruction by the Employer to accelerate the works to recover the lost time, it is in the best interest of both parties to determine who is responsible for the cost associated with these accelerated works before hand.

The term "revised" or "recovery" used in the new programme will not officially identify the contractual position of responsibility and has no bearings on who accepts liability.

Whatever standard form of contract you are using should be clear on identifying the remedies on how delays caused by either parites should be treated and resolved.




Best Regards

Kermit Dick  

Construction Law

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Expertise

All questions pertaining to Construction Law isses, ie, Claims EOT Loss of Profit Variations Damages ADR Delays and disruption Professional Negligence

Experience

Certified Arbitrator/ Mediator & Senior Quantity Surveyor Contract manager for Major Construction Firm From 2008 - 2010 Quantity Surveyor for over 16 years dealing with all issues of construction disputes, claims and general contract administration.

Organizations
Member of CIArb Member of ISTT (Institute of Surveyors of Trinidad & Tobago)

Publications
Thesis for Robert Gordon University re: "Professional Negligence in the Construction Industry[20,000 words]" Report for Deakin University "Failures in Slipform Construction [10,000 words]"

Education/Credentials
LLM in COnstruction Law & Arbitration (Robert Gordon Institute 2010) Graduate Diploma in Quantity Surveying (Deakin University Australia - 2007) Civil Engineering Technician Diploma (John D Institute Trinidad 1995) General Draghting Diploma (S'fdo Tech Inst. Trinidad 1984)

Awards and Honors
Distinction in Quantity Surveying via Deakin University (Graduate diploma in Quatity Surveying)

Past/Present Clients
VINCI COnstruction Grans Projets Kee Channona Limited (Trinidad & Tobago) NH International (Caribbean Limited)

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