Construction Law/Claim for EOT

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Question
Dear Sir,

Being main contractorís representative I have an issue for EOT claim, where Subcontractor has claimed for late issue of IFC drawings for one of the buildings of the project,. Subcontractor has committed a mistake that he did not notified for delay notice before revising the base line schedule for which the base line programmed had been revised.
After submission and approval of revised programe while they noticed there is a delay in IFC Drawing then they provided the notification in accordance with claim for additional cost and time for the concerned drawings based on the revised schedule. In fact the revision of base line programe is the cause for delay in IFC drawings as per records.
I reject the claim based on the time bar claim notice for failure in the first instance before revising the schedule due to delays in IFC drawings by Contractor since Subcontractor did not follow the time limit for notification.
However there is no way to stop the claim since the delay in IFC Drawings from contractor side is in sequence of concurrent delays.

Thanks and regards

Mujtaba

Answer
Dear Mujtaba

Thanks for your query and my apologies for delayed response.

Before I respond to this query could you please provide details with regards to following items:

i) Did subcontractor submit any formal/informal email or CVI with regards to this change?
ii) As a Main Contractor did you notify the Engineer with said delay/Change?
iii) Instead of rejecting Sub-contractorís claim at the outset, why donít you just submit their Claim to the Engineer/Client after adding your OHP etc or additional duration on top of Sub-contractor's claimed duration.

Please note that most of the Courts do not recognise Time Bars despite the fact that they might be time precedent.

Nonetheless please do advice on the above and I will gladly provide my opinion on this situation.

Best Regards

Manish

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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