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Forensic Claims Analysis

Mid-Term EOT claim

In the Open Standard
Jimmy XieMember for 12 years 9 months
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Hi, everybody.
 
We received several design changes from the begining of the project, and we submitted solo EOT for each one after we received it, used impacted as planned method compared to baseline program (not compared to last EOT, neither compared to updated schedule). None of submitted EOT has been agreed or respond with comments, i.e. pending.
 
In this case, should we submit any mid-term impacted program considering all EOT events(disign/site) affecting? If required, usually how long period submit one time, 3 month, 6 month?  and how to calculate the rolling EOT based on the updated progress?
 
Best Regards
Jimmy
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  1. 0
    Mike Testro ·
    #1

    Hi JimmyI suggest that you

    Hi Jimmy

    I suggest that you submit a formal EoT claim using the terms and  clauses in the contract.

    You should consolidate all the claim heads imacting them in chronological order showing direct cause and effect of each event.

    Your covering letter should point out the EoT clauses and require a response within a fixed time frame.

    Even if you have caused your own delays - either concurrent or not - you are still entitled to an EoT award for the late design issues.

    Best regards

    Mike Testro

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  2. 0
    Jimmy Xie ·
    #2

    Hi, MikeThanks for your reply

    Hi, Mike

    Thanks for your reply first.

    Regarding the formal EOT showing all events in chronological, what if we submitted and still no response from the client (possible to happen on this stange client). As time pass by, new issues will come up, like delays caused by site activities. By that time, should we repeat mention again previous events (not settle down) and submit another formal EOT with chronological events and affect? My concern is that, how long time's gap, we should submit that one.

    Best Regards.

    Jimmy

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  3. 0
    Mike Testro ·
    #3

    Hi JimmyIt is good practice

    Hi Jimmy

    It is good practice to add new events into the rolling EoT presentation as and when they arise.

    Keep reminding the client of the contract clauses that require him to respond to EoT claims and that he is in breach of contract.

    His conduct could ultimately put time at large.

    Best regards

    Mike Testro

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