EOT Claim over GANTT schedule.

Hi Carlos

The basic rule of contract law is "He who alleges must prove"

The contractor must prove his case - you must not try to do it for him.

Obviously there can be no normal delay analysis on an excell chart so the contractor must use another route.

1.  He can try to create a retrospective logic linked programme which will then be open to challenge.

2.  He can present a case in narrative format which - if reasonable - should be reviewed and acted upon.

Either way he is in an very vulnerable situation so perhaps he will learn the importance of a detailed baseline programme in future.

Best regards

Mike Testro

Thanks Mike,

This basic rule "He who alleges must prove"  leaves me clear that I have the wrong scope.

Instead of triying to build a CPM baseline and then add impacts to it (Which would be the procedure if I was making the claim), I will analyze the arguments provided from each part to identify the root causes and to whom are these causes entitlable, to form an opinion on the topic as a first step (I am now part of a team making an arbitration).

Thanks again, best regards,

Carlos.

Hi Carllos

It seems that you are defending the arbitration.

Usually there are three tests:

1.  Substantiation - Is the claim head valid under the contract?

2.  Justification - has the contractor proved his case - particularly in respect of cause and effect?

3.  Quantification - has the contractor correctly shown his entitlement?

If the contractor fails any one of the tests then his claim heading fails also.

Good luck and please keep in touch if you need any help.

Best regards

Mike Testro