Construction Law/revised program
A mass government construction program contract we entered in did not oblidge us to provide cl 14.1 program and now the project have reached beyond 50 percent . As the Engineer tend to order for quality improvement of final surfacing material , the contractor reply requesting VO instruction as the order will inevitably bring time and cost implications. A day later a surprising letter arrives requesting the contractor to submitt work program
1. Isn't it something out of normal contract to request program at a later stage?
2. Can one consider it 14.2 in the absence of 14.1?
3. Does the contractor have the obligation to submit Such a program when there is no original program and now with out even settling the VO request?what will be the risk if the contractor put "" time at large" or incorporate new schedule considering the time the new VO work requires him to complete
Pls do advise to relieve the contractor from risk and breach
Thank you for your question.
I have following comments to offer for the three questions raised by you.
I agree with you observation as program requirement is normally at start of the project within the time limits given in the contract. But there is no Bar in case Engineer asked for the same a little later and may be it is a thought out strategy to approve a program when he has thoroughly studied all aspects of the scope of work after detailed site visits / study of all documents / discussion with all stakeholders.
The normally submitted program has to be updated regularly as per instruction of the Engineer. In fact, the monthly submission of project report has to take note of all hindrances encountered during the month and even suggest possible extension of time eventualities due to these hindrances. I, therefore, agree with your views that this requirement can be considered under Clause-14.2.
I am not clear if you have asked extra time required for the referred VO. Anyway, the Engineer can ask for such a program even if there is no original program and has to be of course based on scope of work for balance 50 percent work while keeping as built time for the already executed first 50 percent work. I see no problem in this or else please point out specific aspect which is still bothering you. This is a sort of rough time impact analysis that can be done under the circumstances.
With this, I feel that you will feel these comments helpful.