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Construction Law/Disruption costs and its relation with Time Schedule and float

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Question
Dear Mr. Liaqat

If a Contractor claims for disruption costs (which is allowed for in the contract) which he has already incurred due to interruption happened to his equipment and man-power and stopped his work on site and such interruption is attributable to the Employer, logically, legally and practically, shall he be entitled to this claim in the following cases:
1- Checking the Base-line time Schedule, I found out that the early start date of the activity interrupted has not come yet?
2- The early start date has come but there is some float in this activity? i.e. Who has the right to make use of the float time, Employer or Contractor?

I am the Engineer CA and i need your reply for the both cases please.

Thank you Sir

Answer
Dear khaled sahib,
I just seen your question and so delayed
Very briefly, my response is as follows
1. Baseline program gives planned dates for activities and if actual start date is different ,then contractor should have given revised program for consent of the Engineer and only then he can use this revised program to work out disruption period quantum
2.normally who is able to use first.In your case , the start activity can be delayed by no. of float units without any compensation for this delay but i can not be sure unless i see the refered program
With best wishes

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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