Is the delay excusable?
In the Open Standard
Gold GroupMember for 11 months
- Created
- 5
- 11
0
Our contractor is building a office block. The structural steel was scheduled to arrive on site in the 12th week, but the nominated supplier delivered it two weeks late.
The contractor missed the milestone for completing the steel frame, pushing back mechanical, electrical, cladding trades. I am tasked to write a simple report to answer the Engineers challenge of "Is this delay excusable (entitling the contractor to an EOT), or is it non‑excusable (i.e. our contractor’s risk)?
My contracts manager is not very helpful so I want to try to show I can take this forward to him with something that adds some value. Please help guide me!
5 replies
Oldest first- 0Sanjeet Teri ·
It depends on the nature of…
It depends on the nature of contract. If the supplier was nominated by the contractor, delay is non-excusable. The contractor nominated the supplier and should have updated his risk register. The supply must have been on critical path and has caused delay in subsequent works. The contractor must have issued letters or memos to the supplier. It was the responsibility of the Contractor to ensure on-time delivery by the supplier. - If contractor fulfilled all obligations (timely order, coordination, notices), this delay is excusable and contractor may be entitled to an Extension of Time (EOT). - If contractor failed in coordination or did not notify employer promptly, it could be deemed non‑excusable. - 0Patrick Weaver ·
Normally your problem
Nominated suppliers and subcontractors are 'recommended' by the client - once the contractor has entered into a subcontract or supply contract the responsibility for managing the work shifts to the main contractor. This is despite the fact the contract makes accepting the 'recommendation' compulsory. There are some options for a claim but these are limited to a late nomination by the client and/or any actions by the client that caused the late supply. Some contracts have provisions that vary this general position but they are not common.
Log in or join to reply
ProjectControls.com is free to join. Members can post questions, reply, vote and follow discussions.
Existing members: your original username and password still work. Forgot password?