contractual milestone
In the Open Standard
Ashraf MokhtarMember for 16 years 9 months
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the contract has milestone for some stages but one the stages it is not clear in the scope so the client write beside this milestone "if required " when the contractor submit the baseline program he did not include the activities related to this stage while we are reviewing the baseline program we know that this stage is important and it will be needed we ask the contractor to implement this stage in the program as per the contract put he refuse to do so because it is not clear in the scope and he want to submit for EOT after approval of the baseline .... what we should do in this situation?..... please note the contract is re-measurable contract...
thanks all
thanks all
3 replies
Oldest first- 0Mike Testro ·Hi Ashraf
Do any of the milestones have LAD’s attached and / or do they have standalone completion dates in the contract?
If it is not clear from the contract what scope of work drives the date of a milestone then the Contractor is correct not to include it in his programme - or if it is incuded then not to show any logic to other tasks.
If the employer now thinks it is important then he should issue an instruction defining the scope of work that leads to the milestone.
If this leads to an EoT then so be it.
It is just like undefined provisional sums that do not have to be included in the programme.
Best regards
Mike Testro.
It is a similar situation - 0Ashraf Mokhtar ·thanks Mike
yes all the milestone have standalone completion dates in the contract...
the stage we are talk about is injection of joints of tunnel which the employer do not know at the tender stage the injection is required or not so the employer instruct the contractor to investigate this problem and fix it if it is there and employer put milestone for that but also it is not included in the BOQ for some reason...
so the scope is clear but the amount of work is not...
- 0Samer Zawaydeh ·Dear ashraf,
This is a variation in a re-measured contract. FIDIC clause (8.4.a) Allows for Extension of Time for Completion due to a Variation.
This is a variation because the Employer do not know about it, does not have a design for it, and the quantity of work is not determined at the Tender stage.
The scope of work is what you have to deliver. Since this was not part of the BOQ (in any shape of form) then this is not part of the Contractual Deliverables.
You also have to read the Conditions of Contract very clearly to clarify if you have clauses pertaining to this issue.
With kind regards,
Samer
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