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Forensic Claims Analysis

Awarding EOT past Practical Completion

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Bryce PhillipsMember for 25 years 5 months
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Has anyone come across examples or case law where extensions of time were granted beyond the actual completion date?

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  1. 0
    Mike Testro ·
    #1

    Hi BryceThis is normal - it

    Hi Bryce

    This is normal - it is not often that an EoT is awarded during the construction period.

    I am currently working on an EoT adjudication where the contract was completed 2006.

    Best regards

    Mike Testro

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  2. 0
    Bryce Phillips ·
    #2

    Ah, perhaps I didn't make

    Ah, perhaps I didn't make myself clear enough. I am trying to find cases where say the awarded EOT would indicate completion by say August, but in fact PC was achieved by say June.
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  3. 0
    Mike Testro ·
    #3

    Hi Bryce - sorry for th

    Hi Bryce - sorry for th original misunderstanding.

    This is why contract administartors are reluctant to award an EoT until they know the actual completion date.

    Some contracts allow the CA to adjust the final award of EoT at the end of the contract but others will not allow a reduction of EoT once awarded unless there is a subsequent claim or ommission of work.

    In any case since the Contractor has finished early he will only get costs to the actual completion date and/or relief of LAD's likewise.

    I recall a case where a UK contractor on a road contract (ICE5) was awarded a three month EoT over the winter period.

    He closed down the site for three months and returned in the spring to finish on time.

    Best regards

    Mike Testro

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  4. 0
    Girish Bhave ·
    #4

    Hi Bryce, I am also been

     

    Hi Bryce,

    I am also been working on the EOT for my project. As i know the during the first interim submission of the EOT to Owner we mention the longest path.

    In second submission we suggest them mitigation measures which can be taken care for  the acceleration of the schedule.

    The mitigation plan is always subject to the acceleration cost involved and needs an approval from the owner. If you finish the project before the EOT target that means you are entitled for the claim of acceleration cost.

    Hope this will resolve your quarry.

    Regards,

    Girish

     

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