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Who is responsible for the delay

Kumar IMember for 23 years 3 months
Created
7
2
0
We as contractor are delayed for 90 days on the critical path of the schedule,at this point the client instructs a minor change but on the critical path.Now who has delayed the project ,ourself as contractor or the client.

7 replies

Oldest first
  1. 0
    Oscar Wilde ·
    Kumar
    If I understand you correctly you have delayed the project for 90 days and the client makes a change that adds a further delay.
    The delay if I have got this right remains with you ie 90 days the clients change delay remains with him ie 90 + x = total delay you can only claim the duration for the clients delay not the total delay
    Oscar
  2. 0
    Norzul Ibrahim ·
    I do agree with Oscar. Bulk of the delay (90 days)is definitely due to the contractor. The minor delay caused by the client is to me quite subjective and can be disputed. The client may argue that the "additional work" that they impose to the contractor is part of the "recovery plan"....??
  3. 0
    Andrew Flowerdew ·
    Kumar,

    If the client delay is minor then Oscar is correct
  4. 0
    Charleston-Joseph Orbe ·
    Hi Kumar,

    The contractor is responsible for the delays based on the simple information you given.

    But since you are on the contractor side, it is for the best interest of the company to find ways to put the blame on the owner due to this minor changes that impacted on the critical path.

    Always take note that the burden of proof is for the contractor to do.

    How to do it, you need expert advice.

    Charlie
  5. 0
    Mehdi Rashidi Alangeh ·
    Dear Kumar,

    Ask the Your question depend on the reponsibilties project organisation.

    B/R
    Mehdi
  6. 0
    Shahzad Munawar ·
    In your case it seems that you as Contractor is responsible for these delays not the Client.
  7. 0
    Andrew Flowerdew ·
    Kumar,

    Assuming the delays did not happen within the same time period, ie aren’t acting at the same time, then:

    Contractor is responsible for his part of the delay, the Employer his part.

    Any EoT you are entitled too would relate only to the Employer delay and get added to the completion date as it now stands.

    ie, new completion date = old completion date + EoT for Employer delay only (if you are entitled to one)

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