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Forensic Claims Analysis

EOT Claim

In the Open Standard
Ellie RMember for 11 years 2 months
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Hi,

Due to a client delay causing event, we modified one of the schedule calendars and addedd a night sheeft into it as a sort of mitigation to avoid slippage on practical completion date. ( without any direct instruction from our client) By removing that night sheeft,  we are entitel for about 10 days extension of time. Now, project is completed and we are working on our claims/ Just want to have your experience to know if we can claim that EOT by removing night sheeft from our calendar? ( it was not in our approved baseline schedule and has been addedd into our project schedule in one of the weekly update program  as a sort of mitigation)

Thanks

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  1. 0
    Mike Testro ·
    #1

    Hi EllieYou have accelerated

    Hi Ellie

    You have accelerated the work prematurely.

    The normal rule is get the EoT award and then negotiate acceleration.

    If you need an EoT now then you should claim it by ignoring the night shift calendar but you will not get any acceleration costs.

    Best regards

    Mike T.

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  2. 0
    Ellie R ·
    #2

    Thanks Mike,One more

    Thanks Mike,

    One more question. I have undertaken an EOT asessment by adding the delay causing event into the schedule and linking to the impacted activity which resulted a few days entitelment for us.However, Comparing the new critical path with as built schedule is showing that some of the activities actually completed earlier. ( maybe due to some resecuencing or another delay over weekly schedule updates). Are we still entitel for a EOT claim? Can our client take advantage of its hindsight and reject our claim?

    Thanks

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  3. 0
    Mike Testro ·
    #3

    Hi EllieThis is the problem

    Hi Ellie

    This is the problem with an Impacted as Planned Analysis - it does not relate to reality and should only be  used for work in progress.

    A Time Impact Analysis will give you a more accurate result.

    This must start with the first event on the original baseline programme which is updated with progress just prior to the event impact date.

    Done like this you are entitled to an EoT for the impacted date - the progressed date determines prolongation costs.

    Best regards

    Mike Testro

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  4. 0
    Kannan CP ·
    #4

    Hi Mike,I believe that the

    Hi Mike,

    I believe that the TIA method shows the contractor's entitlement during the project ongoing time period. If the client accepts it that will be the revised completion date/revised baseline. It it agrees earlier, it will benefit the Contractor.

    But if we consider the following scenario;

    1.after the completion of project, delay analysis was done (agree that it is wait and see approach).

    2. Contractor provided the TIA programme, just before the delay event (for eg it happened 1 year back). The remaining works with the delay fragnet shows an extension of time.

    3. During the as built programme analysis, the client found that the works are completed earlier, without impacting the project completion.

    In this case, is the contractor entitle for EOT?  I think that the contractor is not entitled because the delay works didn't affect the project float and completion date. The contractor finished the works earlier without any acceleration request by the client.

     

    Best Regards

    Kannan

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