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Forensic Claims Analysis

DELAY or BREACH OF CONTRACT

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Tanveer Ahmad NiaziMember for 20 years 10 months
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Hi all analysts,

I need your expert comments on;

  1. It’s the contractual obligation of the contractor to prepare a plan (program of work) and submit that to the consultant for his consent. Once the plan is approved by the consultant, accepted and being executed by the contractor, it has become a;
  2. A part of the said clause.
  3. A part of the contract (Addendum).
  4. A document of the contract.
  5. Any additional work, delay, instruction to stop/hold/slow down the work raises the entitlement of an EOT and/or compensation to the contractor.
  6. Now, along the “Yes” to the questions 1 & 2;

Failure of the contractor to start and/or finish of an activity on its planned date, regard less the potential of pushing the finish of the project later then the planed date, IS A BREACH OF CONTRACT.

Cheers

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  1. 0
    Mike Testro ·
    #1

    Hi Tanveer. The contract

    Hi Tanveer.

    The contract programme is usually outside the contract documentation and is not a contract document.

    However in respect of your 2 3 4 options then the contractor's programme only becomes a contract document if it is specifically stated as being so and attached to the contract as an appendix or addendum.

    When this happens if the Employer or his Agent issues a change order that delays the works then he does not award an EoT but issues a VO to change the contract programme.

    If he does not issue such a VO then time may be set at large.

    The EoT clauses are largely redundant except for the notice provisions.

    If the contractor misses the task dates it is a technical breach of contract but only becomes an effective breach it the completion date is affected.

    In which case the Employer or his Agent must issue an instruction for the Contractor to revise the programme and re-submit for approval.

    The Contractor will then be subject to LAD's / Penalties.

    As a Delay Analysts if the programme's status is a contract document it makes my job much easier because I don't have to consider direct cause and effect.

    Best regards

    Mike Testro.

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  2. 0
    Sreejish Vishnu ·
    #2

    Hi Mike, Can you please

    Hi Mike,

    Can you please elaborate on you last para "As a Delay Analysts if the programme's status is a contract document it makes my job much easier because I don't have to consider direct cause and effect."

    Why is it not required to consider the casue and effect when the program is a part of the Contract.

    Regards

    Sreejish

     

     

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  3. 0
    Mike Testro ·
    #3

    Hi Sreejish Because when the

    Hi Sreejish

    Because when the programme is a contract document and an event causes delay then the Engineer must issue an instruction to adjust the programme.

    That in itself creates the direct cause and effect on progress.

    If the Engineer does not issue such an instruction for an Employers delay event then the contract programme is invalid and Time can be Set at Large.

    Best regards

    Mike Testro

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