- July 19, 2019 at 9:35 pm #70457
I have a certain situation on the project ,regarding programme approval and getting an Eot.
Let me give you a quick glance of the background of poject programme so that you can understand it properly.
1. A program was submitted as per contract completion date for engineers approval but we didn’t recieve any comments on it .
2. During the execution of project ,engineer has given instructions for additional scope of work 3 to 4 times (via notice) and asked us verbally to revise the programme , considering new project completion date given by engineer.
3. Based on above new date given by engineer , contractor had revised the programme and sent a final draft via email for engineers review . which was accepted and approved by engineer . After 1 week we had proceed with submission of programme with all the supporting particular for approval but he didnt respond even after 2 months..
4. Based on revised programme we had sumitted progress updates on weekly basis
And started notifying the delays. But no response from engineer side. Verbally he was giving minor comments.
5. After 2 months , based on initial draft approval we had submitted an eot and asked for cost claims.
6. Engineer requested us to substantiate our claim.
7. Since the revised program was approved we had reffered to them the comparison of both program but he was keep asking to substatiate for cost claim.
8. There was a verbal discussion with engineer, where he said revised program approval was only for construction work , but for cost we need to demonstrate via window analysis TIA considering the basis of initial program, which was even not approved in written.
My qustions are:
1. Since the program was solely revised based on engineers instruction and same was approved as well , engineers request to substantiate the claim is reasonable.
2. As per fidic, if engineer is not giving any comments on programme after 21 days, the programme will be considered as approved, do this statement still valid even its not mentioned in our orignal contract. Can we refer to engineer these fidic clauses to justify our case ?
3. As you know the procedure of creating revised program is to get an approval of eot first than we can proceed with revised programme , but here the case is different engineer agrees to prepare revised program based on additional scope of work. Once he approved it than he cannot change his mind to ask for window analysis tia based on orignal programme.
(correct me if im wrong).
4. Im really pushing hard on saying that since the revised program was approved ,we reserved our rights to claim you the cost of Eot .
Is it okay , or i have to start preparing an eot for cost claim.
Thank in advance.
- July 23, 2019 at 10:24 am #70770
Hany Ismail, MSC, PMPKeymaster
You need to study the impact of the engineer instructions to your schedule using time impact analysis. The it is better to reach a mutual agreement about the impact rather than entring a dispute. However, if the engineer refused to implement the time/cost impact you may ask for a third party (DAB) to evaluate your analysis. If nit agreed you shall open a dispute in the court.
- September 4, 2019 at 5:57 pm #74089
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