Construction Law/delay analysis
QUESTION: Hi Vineet,
i understand that theres many kind of delay analyis...what delay analysis should i consider if i have the following scenario:
01.no updated construction programme(no schedule being maintain and submitted to the Engineer for more than 5months)
02.no schedules being submitted and included in the monthly reports.
i know that we have a delay but how can i demonstrate the delay and it's impact to time for completion in the absence of updated construction programme and a reliable construction programme. thanks..
ANSWER: Dear Joshua
There are few things to note before proceed further;
1. Which Form of Contract used in this Contract?
2. Is the Construction programme (Baseline Programme)approved by the Client or his representative?
3. What cause the delay to The Project and who is responsible for delay?
4. Is the notice of delay being served to the Client according to the Contract Conditions?
5. do you have all the supporting document to support your claim?
If you have answers to all these questions than you can proceed further to demonstrate the delay.
The method of delay analysis is based on the Form of Contract.
If the Baseline Programme is approved, than you can use Impact-As-Planned Method.
Since there is no updating of construction programme was carried out and also nothing being submitted to client, other method of delay analysis can not be use.
Hope this will clear your query.
---------- FOLLOW-UP ----------
QUESTION: Hi Vineet,
Thank you for your response.Please find below additional information. Thanks
01. FIDIC (old red) 4th ed.
02. No formal approval but it is being implemented and not comments from the Client and PM.
03. Some of delays were late delivery of material "X" (material "X" to be procured by the Client as per contract), insufficient material "X", delay in design)
04. No notice but a follow up letter (is that consider a notice?)
05. I really dont know which supporting document you are mentioning since in the first place I am not aware of the right delay analysis I should use...what supporting document should I consider or must have? does different delay analysis require different supporting documents?
Thanks..and hope you can help me.
In the FIDIC 4th Ed. Clause 20.1 clearly states
"If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim...”
So think if there is no formal notice is given than the case is very week.
Regarding the Supporting document, My mean was do you all the document to substantiate your claim.
Regarding Claim methodology as I explain earlier you need to use IMPACT AS PLANNED METHOD.
In this Method you will use your original baseline programme and add delay event activity under separate WBS Say Delay Events and logically link these delay activity to the main programme activity and schedule the programme. If the completion milestone shows negative total float value, than this delay event caused delay to the completion of project.
Prepare the critical path for the completion of project. This critical path must pass through this delay event.
Prepare the report along with all the supporting documents to substantiate the delay. and submit with the critical path to the client.
Hope this will clear all your query.