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Forensic Claims Analysis

EOT calculation

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Kannan CPMember for 18 years 4 months
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Hi All,

In the delay analysis, due to an Employer, delay the Contractor is claiming for for an EOT of 100 days. This is through a certain path in the programme.

At the same data date of above the Contractor is in delay through another path#2 by 40 days.

The above paths are not interlinked. Is the Contractor entitled for entire 100 days with prolongation cost of 60 days? or only entitled for 60 days of EOT and the prolongation cost for 60 days?

Thanks

Best Regards

Kannan

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5 replies

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  1. 0
    Patrick Weaver ·
    #1

    The answer is 'it

    The answer is 'it depends........

    concurrent delays are a very difficult area, see: http://www.mosaicprojects.com.au/WhitePapers/WP1064_Concurrent-Delays.pdf 

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  2. 0
    Mike Testro ·
    #2

    Hi KannanIt seems that you

    Hi Kannan

    It seems that you are describing Concurrent Effect rather than Concurrent Cause.

    This is where two or more events arise in different time zones in the baseline but each delay the works during the same extended time zone.

    So the Employer caused 100 days delay and the Contractor caused 40 days delay.

    In this simple scenario the contractor gets EoT for 100 days pays 40 days LAD's and gets 60 days prolongation costs.

    If it was the other way round the contractor would get EoT for 40 days pay LAD's for 60 days and no costs.

    Best regards

    Mike Testro

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  3. 0
    Kannan CP ·
    #3

    Hi Mike,Thanks for the

    Hi Mike,

    Thanks for the reply.

    As per the contract there is only one milestone for the overall completion of the project. Can the Client issue penalty to the Contractor when the Contractor is unable to complete the overall project due to the delay event by the owner?

    Instead of that is it sense to calculate the EOT as 60 days (100-40) with the prolongation cost for 60 days?

     

    Best Regards

    Kannan

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  4. 0
    Mike Testro ·
    #4

    Hi KananIf the employer

    Hi Kanan

    If the employer caused 100 days delay the contractor gets an EoT of 100 days + releif from LAD's

    The Contractor then gets costs for the remaining 60 days.

    Best regards

    Mike Testro

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  5. 0
    Kannan CP ·
    #5

    Thanks mike...

    Thanks mike...

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