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Forensic Claims Analysis

Clause 14 programme or updated programme

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Kier LegardMember for 20 years 2 months
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Hi to All,

We submitted a cl14 programme and it was approved by the engineer.The programe has sectional completion dates which is in our contract.

After a few months the engineer told us to revise the program due to change in their requirements,design delay, access dates delay and some delays due to us.They gave us a revised sectional completion dates (a much later date than that in Cl 14 but contract completion date is same.)

Both party agreed to this.

But now the engineer still refers to the old clause 14 in updating the progress and still tell us to use for progress monitoring and call the revised programe as updated programme.

please advice.


Regards,

kier



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  1. 0
    Mike Testro ·
    #1
    Hi Kier.

    What is your form of contract?

    In the original programme:

    Do any of the sectional completion dates have LAD’s attached to them or is the final completion date the only one with LAD’s?

    Is there any float between the sectional completion and final completion dates or does the critical path run through one or more of the sections?

    Have you impacted the delays on the original programme to create the revised programme?

    Best regards

    Mike Testro.
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  2. 0
    Sherif Fam ·
    #2
    Just few points:

    - As the Engineer instructed you to delay some milestones in the program; most likely the durations of your activties coming after the milestones will be reduced or overlapped (in order to keep the project completion date the same). There is chance for acceleration costs here. In case of FIDIC 1987, Clauses 6.2 & 6.3. In case of FIDIC 1999, Clause 8.4(e). In case of nec3, Clause 60.1(8).

    - As far as I know; the revised program supersedes the previous one in all aspects (after you settle the claims based on the first one). Also refer to clause 14.2 of FIDIC 1987 and clause 32 of nec3.

    As always; the golden rule is to keep records of everything happening at site in any program; till you settle which program to be used. In your position I will update both programs till settlement.

    Regards,
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