Construction Law/Oil and Gas claim

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Question
During evaluation of the claim from oil and gas project, I noticed some of the pipe joints failed under quality control due to poor welding quality under Welding Repair joints, as a result there will be work and rework to rectify the defects (as rejected based on QC) and in contract it has referred as welding repair ratio (WRR) ALLOWED AS 3% but on Site it has recorded as 7% for a prolong period (till claim duration). I considered this fact as concurrent delays to make a hurdle for Subcontractor’s claim considering Subcontractor’s own fault as causation to delay in progress simultaneously with Contractor’s material delay, if any, but Subcontractor refute to accept stating there is no relation to concurrent delays to WRR.
However I came to know planning software such as PRIMAVERAL P3, are not mandatory in substantiating delays or delay analysis then how we can substantiate the concurrent delays, since I found WELDING REPAIR RATIO is the right tool to control Subcontractor’s claim.
Please advice
Thanks and regards

Mujtaba

Answer
Dear Mujtaba

I agree with your understanding but you need to relate productivity loss due to WRR. If you can prove this it will be easy to establish that the Overall Delays were supplemented by the days taken to repair additional 4% welds.

Please provide more details should you require further advise on this.


Best Regards


Manish Gupta

Construction Law

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Manish Gupta

Expertise

I can answer questions related to Cost Planning, Contract Administration, Construction Law & Other Post Contract QS related areas.

Experience

7 Years with Contractors 12 plus Years with Owners & Consultants

Organizations
Calgary Project Consultants, Jacobs International, Turner International, J Ray McDermott Inc. Hindustan Construction Company

Education/Credentials
MRICS, MCIArb, BE (Civil), PGDCM LLM-Constuction Law in Arbitration and Adjudication

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