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Construction Law/Delayed to instruct P.Sum works due to Authority Approval


I am working as a QS for one of the cost consultancy firm in a golf estates development including golf course, club house, villas, infrastructures, landscaping etc. Currently, I am dealing with one of the Contract for Electrical works including Street lighting works, Public networks etc. In the Contract, a Provisional sum was kept for cable laying due to the design was not finalized at the time of tender and also cables to be supply by relevant authority once they approved the final design.
The Contractor executed his works as per their clause 14 programme till date to start laying the cable (Cable laying and testing and commissioning are the remaining works). Due to the changes of the authority requirements time to time, the final design approval and the cable supply got delayed for couple of months. Meanwhile the Contractor served several delay notices for the delay. After several revisions final design was approved and authority started to supply the cables, but as per the Contract the Contractor doesn’t have enough time to finish the project on time.
This is most prestigious project to the Employer and he need to finish the project on time without affecting his cash flow, then only he can able to hand over the villas to his customers. This is a critical issue to me as an Engineer Qs and I found following options to propose the Employer to short out this issue
1.   EOT
2.   Negotiate with the Contractor to accelerate the works with acceleration claim
3.   Nominate Sub Contractor to execute the full provisional sum works
4.   Divide the cable laying areas as a several zones and allocate the zones for the Contractor base on his capability and for rest nominate Sub Contractor
Please advise about my options and propose is there are any option which I can consider to short out this issue?

ANSWER: Hi Mohamed
It is best to negotiate an acceleration deal with the contractor.
If he does not have the resources to allocate several cable laying gangs then I would suggest a combination of options 2 & 4.
Best regards
Mike Testro

---------- FOLLOW-UP ----------

It is me again,
Currently I am doing my APC. I am planning to write my critical analysis (case study) based on the above issue.
I want a suggestion from you that whether this issue is a critical issue or not? and can i use this issue for my critical analyze?

Hi Mohamed
I think this would make a very good example for your APC case study.
Perhaps you could take it a bit further and do some research into the difference between defined and undefined provisional sums in relation to the construction programme.
Best regards
Mike Testro

Construction Law

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Mike Testro


Anything related to extensions of time and delay analysis.


45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Society of Construction Law Adjudication Society ex Planning Engineers Organisation

6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Associate Member of the Institue of Building

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Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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