Delay in Subcontractors Nomination
In the Open Standard
Khalil MasoudMember for 19 years
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Gentlemen;
I am working with the Client Representative team and would like to discuss our part of delay regarding the nominated subcontractors.
The project is already late by the Contractor by 4 months. However, some nominations for subcontractors are also late due to the client’s slow system. But the late nominations are not delaying the project at this moment. However, the Contractor keeps claiming for his entitlement for time extension thru impact schedule.
My question is: Can the Contractor be considered entitled for extension of time although he is already late in his part of construction??? in other words, even if we nominated on time, this will not make him start the works related to our nomination early???
your comments are highly appreciated
I am working with the Client Representative team and would like to discuss our part of delay regarding the nominated subcontractors.
The project is already late by the Contractor by 4 months. However, some nominations for subcontractors are also late due to the client’s slow system. But the late nominations are not delaying the project at this moment. However, the Contractor keeps claiming for his entitlement for time extension thru impact schedule.
My question is: Can the Contractor be considered entitled for extension of time although he is already late in his part of construction??? in other words, even if we nominated on time, this will not make him start the works related to our nomination early???
your comments are highly appreciated
8 replies
Oldest first- 0Roger Gibson ·Khalil,
If the project is currently 4 months late, i.e. the current progress update of the project shows that completion of the project is forecast to be 4 months later than the contract date, then if the contractor can demonstrate, through a ’time impact’ analysis that a client’s nomination is likely to delay the contract completion by say 5 months then he is entitled to an extension of time of 1 month. The contractor may then argue that he is entitled to a 5 month eot, as he intends to recover his own 4 month delay (by additional overtime, increased resources, etc).
All this is subject to the conditions of the Contract between the client and contractor.
Roger Gibson - 0Khalil Masoud ·Thanx Roger;
I am quoting your sentence: "The contractor may then argue that he is entitled to a 5 month eot, as he intends to recover his own 4 month delay ...."
What if We "as client representative" intend to recover our own delay by asking the prospective nominated subcontractors to submit a new recovery schedule meeting the originally planned baseline regarding the client’s part??
thank you - 0Roger Gibson ·Khalil,
This should be done before the nomination is issued to the contractor so that no extension of time is due. I would also, as a separate issue, request that the contractor produces a revised programme showing how he is going to recover his current 4 month critial delay.
Roger Gibson
- 0Ashraf Alawady ·before issuing the nomination of the subcontractor as delay event which well known earlier, you have to have up gate progress report in which you observed 4 months delays from the contractor side.
study the impact of the delay ,in issuing the approval and nominating the subcontractor,on the approved baseline program taking into consideration the realiestic program of the nominated subcontractor to complete his job. - 0Andrew Flowerdew ·Ashraf,
Late nomination would normally give rise to an entitlement for an EoT but comes down to the wording of your contract. On what basis does your contract say EoT’s are granted - eg, likely delay or actual delay. Any provisions dealing with concurrent delays, (probably not)? Any delay has to be related to the progress of the works, not the original baseline, so the Employer might be late, but if the contractor is also, the employer might not be causing any delay.
Too little information to form any conclusions, could be anywhere between zero and 5 months EoT due. - 0Khalil Masoud ·Hi Graham;
This subcontractor’s schedule shows criticality in terms of Total Float, but the relationships in the programme show dependency on something that is not yet reached physically (Floor#10) and currently the contractor is at floor#3!!! even though, the update shows critical activities for the subcontractor, but i think this is misleading, because even if we (as client representative) nominated on time, the subcontractor cannot commence his works according to the logic of the original baseline because the actual progress is already late.!!!!the General Contractor has to reach level 10 first according to the logic(relationships) inherent in the approved baseline, but currently he is at level3!!! any tips??
thank you - 0Waleed Mahfouz ·Dear khalil masoud,
This depends upon the method you decided to calculate the delays. If you consider the updated schedule you will be able to separate between the delay caused by the general contractor and you as owner representative.
However the time impact based on the programme clause 14.1 you will not be able to separate between the causes of delay. in addition the total float will be considered for the benefit of the project itself, so delay will be calculated after dissipation of total float. Also the delay analysis will show the responsibility of each party.
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