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Forensic Claims Analysis

Baseline changes and misrepresentation to Tribunal

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Rana JiMember for 16 years 10 months
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Hi Experts 

I need advice 

If someone alter changes in the Baseline programme knowningly and present the delay analysis based on the altered baseline to the Tribunal , what are the consequences for doing this. 

Actually i found all schedule has altered and presented to Tribunal now. Previously we notified that contractor not using correct baseline and it reported with few errors etc. but later we found that last submision of EOT was manipulated. 

So what action we can expect based on above. 

Regards Rana

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  1. 0
    Mike Testro ·
    #1

    Hi Rana The easiest way to

    Hi Rana The easiest way to defeat an EoT claim is to prove that the baseline is either flawed or the wrong one. Just reject the claim as "not substantiated" and ask them to submit again using the correct baseline. Best regards Mike Testro
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  2. 0
    Rana Ji ·
    #2

    Dear Mike Thanks for your

    Dear Mike 

    Thanks for your response, but to be noted that case is in Arbitration. The statement of Defence to be submitted by respondent . 

    Earlier Respondent did mention the concerns of not contractual prgoramme used  by contractor and therefore made own assessemnt by respondent fairly and an extension awarded . 

    Later contractor submit the case to Tribunal without correcting the baseline programmes , which is fundamently flawed. 

    1- So what action can be seen by tribunal 

    2- What respondent can ask for 

     

    Thanks

    Rana 

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  3. 0
    Mike Testro ·
    #3

    Hi RanaIf the baseline is

    Hi Rana

    If the baseline is flawed then the EoT is invalid.

    Your expert does not need to change it for the other side.

    Just point out the facts and let the arbtrator decide.

    Best regards

    Mike T.

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