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Forensic Claims Analysis

Recovery Schedule and EOT Claim Analysis

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Kannan CPMember for 18 years 4 months
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Hi All,

As specified in Fidic Contracts, if the Contractor failed to meet the progress rate as agreed in the approved Baseline Schedule, he needs to submit a recovery schedule, elaborating how he intends to recover his delays and bring the Project back on track.

1. Is the Recovery Schedule to be approved, or just to accept it based on the Contractor's revised sequence/methodology/additional resources etc, for the progress monitoring purpose?

2. If any new claims araised (after this recovery schedule), which schedule to be followed for the EOT analysis- original approved baseline or the approved/accepted recovery schedule?

3. Is there any accepted guidelines like SCL Protocol,  which specifies which schedule to be followed?

BR

Kannan

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  1. 0
    Mike Testro ·
    #1

    Hi KannanIf the Contractor

    Hi Kannan

    If the Contractor has mitigated his own delay and this is set down in the new approved programme then tah should be the baseline for any new releavnt events after the acceptance of the programme.

    If however the delay has been seen to be before the revised programme then the event should be impacted on the original programme. It may then arise that the mitigated programme was not needed.

    Best regards

    Mike Testro 

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  2. 0
    Kannan CP ·
    #2

    Hi Mike,By having an approved

    Hi Mike,

    By having an approved recovery programme (revised baseline) with the Contractor's mitigation action in it, can we stop reporting the progress based on the original baseline programme, which is no more relevent to site sequence? or is there any contractual implication by doing so.

    BR

    Kannan

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  3. 0
    Mike Testro ·
    #3

    Hi KannanIt is always good

    Hi Kannan

    It is always good proactice to record progress on the original baseline programme.

    You may need to do it again on the mitigated programme.

    Best regards

    Mike Testro

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  4. 0
    Anoon Iimos ·
    #4

    Perhaps the first question

    Perhaps the first question would be: What triggers the need for a recovery schedule? Succeeding questions are: To whom the delays would be attributable to? If the delay is caused by "Act of God", or "Force Majeure" caused by humans, then who shall pay? The need for a recovery schedule comes with lots or endless questions, into which perhaps may lead back to the original schedule. For me, a recovery schedule means to create a new baseline schedule, hence, all issues/disputes must be settled first from the original baseline schedule, otherwise, how can you agree with a recovery schedule?
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  5. 0
    Kannan CP ·
    #5

    Thanks Mike and AnoonBRKannan

    Thanks Mike and Anoon

    BR

    Kannan

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