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Forensic Claims Analysis

Site Instructions Vs. Variation Orders in Assessing EOT

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Dimple DeanMember for 10 years 11 months
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Hi All!

I am working on a Client side, I have a project scenario as below.

1.       In our project, the conditions of contract states that Contractor cannot proceed without the approval of V.O.

2.       Site Instructions has issued to Contractor before the approval of V.O. and on actual Contractor started V.O. works on site before the V.O. was approved by Client.

Now my question is, in analyzing delays using any method or TIA, what date must be used by us as a Client? Is it the date the V.O. was approved or is it the date Contractor has started on site based on the procurement and delivery dates?

 

Thanks in advance!

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  1. 0
    Mike Testro ·
    #1

    Hi DimpleThe contractor has

    Hi Dimple

    The contractor has proceeded with the variation at risk of receiving a VO. He has in fact mitigated the impact of the delay.

    The piece of paper is only retrospective confirmation of something that has happened.

    The date of impact of the event therefore must be the date that the Contractor started the work - it seems unfair but that is the case.

    Apply the rules but please do not unjustly punish a contractor who was only doing his best.

    Best regards

    Mike Testro

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  2. 0
    Dimple Dean ·
    #2

    In considering the start date

    In considering the start date of work, is it the date from the Daily Report or I can use the Delivery Date of the materials?

    Many thanks Mr. Mike

     

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  3. 0
    Mike Testro ·
    #3

    Hi DimpleThe daily report is

    Hi Dimple

    The daily report is a statement of fact so use it.

    Best regards

    Mike T.

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