Construction Law/EOT-Cost

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Question
Dear Sir,

I am always thankful to your superb replies and advice. My question today is as follows to which I eagerly look forward to receiving your superb replies and advice as usual.

The Contractor was in culpable delay that the contract time had expired when he was still going on with the execution. However, months after the contract time had expired when the contractor was still going on with the execution, the Employer issued a Variation and an extension of time was granted then on a net basis. Still the Contractor continued to work after the extended period.

There were also delays in the Employer’s removal of obstructions, but these were considered to have no delaying effect other than causing the Contractor to work in other sections. In any case it appears that the manner in which the events were interacted was complex.

There was no updated work program. No proper record was also maintained.

1.   What delay analysis method may be appropriate to apply under such circumstances?

2.   How can the inexcusable concurrent delay be determined? Can it be the difference of anticipated or actual completion date and the extended contract completion date?

3.   Would the Contractor be entitled to prolongation cost for the extension of time he was granted when he was in culpable delay or is it that he would be given only extension of time, with no cost because of its own culpable or inexcusable delay?

For ypour information, the contract is based on the Bank Harmonized Edition of the Conditions of Contract for Construction, FIDIC 2005.

I am deeply indebted in advance to expert advice.

Alemu

Answer
Dear Alemu
Hello!
Answers of your questions are as below;
1. For culpable delay for completion of work there is no use of any delay analysis as the delays are inexcusable.
2. Off course the delay in work may be the difference of anticipated and actual completion date.
3.no prolongation cost will be payable to the contractor for own its culpable or inexcusable delay in work.

I hope this will help to you.

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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