I'm a resident Engineer for a construction site in Dubai ,the contract duration is 20+1 months ,the one month is for mobilization ,the commencement date was on 17 May 2015 , and on that date the mobilization at site had actually completed ,based on that my question contractually can we consider the project duration 20 months only and deduct that month of mobilization or contractor entitlement for complete 21 months regardless complete his mobilization before actual commencement date or not
Thanks with Regards,
Eng. Hamdy Mohamed
Dear Eng. Hamdy
Thank you for this question.
The time for completion runs from the commencement date unless specified otherwise, and the period for competition should be detailed within the Appendix. Mobilisation is a part of the the entirety of the Contractor's obligations which are to be performed within the specified period for completion. The position as you have outlined it suggests that 20 months was to be used for construction and one month for mobilisation. How that was written within the Appendix will be significant.
Assuming that the Appendix States both the 20 month and 1 month periods then without further explanation of how the Contract is drafted or negotiated, my opinion is that the entirety of the 21 months is counted from the Commencement Date. If the Contractor was allowed to access the site prior to the Commencement Date and was able to before his mobilisation operations before the Commencement Date that should not detract from the 21 month period for completion.
The completion date will remain unchanged; it is still "Commencement Date + 21 months". Arguably the Contractor has gained a benefit. Has that been at the Employer's cost? If the Employer incurred expense by allowing the Contractor to access the site early, such may be recoverable.
Having completed his mobilisation early if the Contractor continues to work to the rates of progress implied from his schedule of work he ought to finish ahead of schedule. I suggest therefore that the Engineer monitors performance to ensure that this early advantage is not wasted away.
I hope that this assists you.
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