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Forensic Claims Analysis

Procedure to time claim

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Tii WsMember for 16 years 8 months
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Hi all,

I am currently working for a nominated specialist subcontarctor on a building project.

We are preparing to launch a application for EOT.

We have enough evidence to prove that that there has been a delay to the structural work by 4.5 months, reflected in the main contractor latest issued programme.

We thus revised our installation programme based on their latest structural handover date, which has been agreed in principle.

We will be applying for EOT based on the revised programme, which I will defined as our entitlement programme.

Thus I will formally write in to inform the main contractor that we will be apoplying EOT against our subcontract completion date which will be extend from DD/MM/YYY to the completion date as stated in the entitlement programme. The delta is the amount of tiem to be claimed.

Is this a professional way of doing it ? Kindly advice.

If the revised programme is approved, does it automatically relieve myself from the previous contractual obligation. My guess is it will not that why I need to apply for EOT. Am I right in this sense?

Thanks

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  1. 0
    Mike Testro ·
    #1

    Hi CH One question - is the

    Hi CH

    One question - is the programme a binding sub-contract document?

    This advice assumes that it is not - let me know if it is and I will give you further advice.

    You are on the right track - you are following the As Built v As Planned EoT method and yours is the only situation where it works.

    Keep a look out for other delay events where your work progress is delayed - you will need a combination of methods in that case.

    You should send in your notice of delay ASAP stating the correct contractual clauses.

    Best regards

    Mike Testro

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  2. 0
    Tii Ws ·
    #2

    Hi Mike,It is not a binding

    Hi Mike,

    It is not a binding sub contract document. We do issue a programme to them, although it was never officially tracked.

    We do have a subcompletion date in the contract and a main contractor master programme which states that we are supposed to carry out our works in line with the master programme. 

    Thanks

    CH

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  3. 0
    Mike Testro ·
    #3

    Hi CH It is not so much the

    Hi CH

    It is not so much the sub-con completion date that is important but the intermediate dates when your stages interface with other contractors.

    So if the RC frame is late then the M&E first fix to soffites will be delayed and/or the cladding will be late.

    You must notify the main contractor of all such delays and the impact on your programme.

    Best regards

    Mike Testro

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