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Forensic Claims Analysis

Engineer Not Responds EoT Claim Until the Revised Finish Date

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Tanveer Ahmad NiaziMember for 20 years 10 months
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Dear All

1-      The Revised Finish date is 02-02-YYYY

2-      An EoT claim submitted by the contractor on 01-01-YYYY

3-      Engineer’s letter to submit Recovery Program (FIDIC 1999) clause 8.3 & 8.6 on 03-01-YYYY (after the submission of EoT and 30 days before the revised finish date)

4-      Many of the material have not been delivered by a Third Party until the Data Date, while the Employer has sent numerous reminders.

5-      The remaining work is not possible to finish in the time from the Engineer’s letter to the Revised Finish Date even with the double of manpower and 24 x 7 operations.

6-      Data date is 01-03-YYYY

 

Q-1         Is the Engineer’s letter logical?

Q-2         what is the status of the Revised Finish Date on Data Date?

Q-3         LDs are due by the Data Date?

 

Need experts’ comments

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3 replies

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  1. 0
    Mike Testro ·
    #1

    Hi TanveerSome questions

    Hi Tanveer

    Some questions first.

    Is the late delivery of third party materials:

    1. The Employer's problem?

    and

    2. The cause of the delay?

    If yes to 1 & 2 then what is the point of accelerating non critical tasks.

    The Engineer is allowed to ask for a recovery programme which should include a milestone for the material delivery.

    0% progress on the milestone will demonstrate a rolling delay to completion and help establish your EoT.

    Best regards

    Mike Testro

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  2. 0
    Tanveer Ahmad Niazi ·
    #2

    Dear Mr. TastroThank you for

    Dear Mr. Tastro

    Thank you for your adised.

    1- Some material is to be delivered by a local authority that has not been delivered so far even the schedule of the delivery hasn’t been sent to us.

    2- Some material was supposed to provide by the Employer that hasn’t been delivered to date.

    3- Some of the material hasn’t been approved by the Employer so far (to date)

    4- Some of the design hasn’t approved by a local authority.

    There were only 30 days left to finish the project on its revised finish date when the Engineer asked for the recovery program.

    Cheers - Tanveer

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  3. 0
    Mike Testro ·
    #3

    Hi TanveerYou will see that I

    Hi Tanveer

    You will see that I have deleted some of your answer.

    Do NOT say such things in an open forum.

    Final warning.

    Mike Testro.

    Report

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