Time Limit For Time Plan Approval
In the Open Standard
Hemanth KumarMember for 23 years 11 months
- Created
- 11
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Hi Gents
Client Gave us Access Dates To Their Premises For Work
6 Months Ago , in a meeting . Not With An Official Letter Or Mail.
A Time plan was submitted to client based on that immediately
There Was No Positive Reply To Reminders To Review & Approve .for almost 6 months
Now they are saying one of the access date we have shown in our plan is wrong (Which is True)
We arrived at a completion based on that (wrong ) access date
Questions :
1,Can a submitted plan can be taken as approved if no reply is given within a certain period ( Nothing mentioned in the contract )
2.Can we take the access date in our plan and proceed
with the delay calculation , ( There is Acces Delay Compared To Submitted Plan , But Not With Respected To The Given Plan By Client in an informal meeting )
Please Advice
Client Gave us Access Dates To Their Premises For Work
6 Months Ago , in a meeting . Not With An Official Letter Or Mail.
A Time plan was submitted to client based on that immediately
There Was No Positive Reply To Reminders To Review & Approve .for almost 6 months
Now they are saying one of the access date we have shown in our plan is wrong (Which is True)
We arrived at a completion based on that (wrong ) access date
Questions :
1,Can a submitted plan can be taken as approved if no reply is given within a certain period ( Nothing mentioned in the contract )
2.Can we take the access date in our plan and proceed
with the delay calculation , ( There is Acces Delay Compared To Submitted Plan , But Not With Respected To The Given Plan By Client in an informal meeting )
Please Advice
11 replies
Oldest first- 0Mike Testro ·Hi Kumar
You seem to have got yourself into a "denial of access" situation.
As always - "Depending upon what it says in your contract" - you are normally told the start date of your works.
Access would usually be available on the same date as your contract start date.
If you are denied access then you have a relevant event for an extension of time.
Please let me know if your circumstances are different.
Best regards
Mike Testro
- 0Samer Zawaydeh ·Dear Kumar,
Please check the Contract documents for any information in them regarding you questions.
In the event, that no official instructions are sent (seems that your client’s management is weak or afraid from consequences) then you need to check all information at site. Please review the Minutes of Meeting and Site Memos from all sides to support your arguments.
Good luck,
Samer - 0Samer Zawaydeh ·Dear H.
If you have a Contract signed under the general clauses of FIDIC then if the Engineer did not reply with 21 days of submitting the program, then the Contractor has the right to proceed with the Execution of the works as per submitted program.
If you Contract is not under FIDIC, and it only states the start and end date of the Contract, then you can proceed with the Construction as per you deem fit.
Good luck,
Samer
- 0Charleston-Joseph Orbe ·H,
Basically, consultant find it hard to approve a submitted plan in the event that they are not in control of future events.
IN this situation, if you keep using the submitted and unapproved plan, periodic update, tools in monitoring your construciton activities, then, there is a big chance that said submitted and unapproved plan may become approve and baseline programme for which you are monitoring your construction activities.
The submitted and unapproved plan may also be the tools that will be used someday in your claim for extension of time.
Regards,
Charlie
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