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Clause 14 - Baseline

G. kumarMember for 22 years 3 months
Created
7
3
0
Hai all,
A clause 14 program is submitted and not approved by the consultant after 4 months. Meanwhile the trial trench work has been completed by the contractor and could find that the water pipeline is too close and hence to be diverted before piling work. And now the contractors piling work for bridges is getting delayed due to diversion. But the consultant is telling the clause 14 is not approved and can not approve any variation. Who is correct? Please advice

Regards,
G.Kumar

7 replies

Oldest first
  1. 0
    Balu Karunakaran ·
    As per FIDIC the consultant should approve the submittals withn 28 days and if it is not approved he should provide the reasons for not approving the same.
    So as far as i know ,if there are no documents in the 4 months time related to clause 14 programme either aproval/rejection the contractor is at safer side.
  2. 0
    Jun Gallardo ·
    Engr. Karunakaran,

    Do you have e-copies of the FIDIC? Will it be possible sir if you could email it to me at jungallardo229@yahoo.com. Thank you & best regards.

    Jun G.
  3. 0
    G. kumar ·
    Balu sir,
    The consultant have sent a reply before 28 days saying some comments like load resorces and cost for prelims representing the expense for maintanace and general items. And it was being prolonged for last 4 months. Meanwhile the present problem of diversion of pipe from the pier location has come to the scene. now we stopped piling and we r after diversion. who will be responsible for our delay in piling and who will pay our over head? awaiting ur early reply.
    tx.........Gk
  4. 0
    Balu Karunakaran ·
    Dear Kumar

    EOT claim is based on APPROVED baseline programme and since your baseline was not approved for reasons genuine to the consultant,I am afraid things are going to be a bit messed up for you.Try fixing up the Clause-14 programme with the consultant in a friendly manner rather than being aggressive.
    The consultant accepting the programme so late is a bit skeptical at this juncture.Only way out is to submit the programme with the rectifications as suggested by them at the earliest and get it approved somehow before moving on to the claims.
    Claims without an approved baseline programme is like trying to build up a building without foundation.

  5. 0
    A D ·
    Hi Kumar,

    Change the program accordingly with new relationships and submit the new dates of work completion. Bcoz client / consultant has not approved ur previous program and this is the present sequence of work, consultant has to approve this new project duartion (provided ur logic and links are correct). Your overheads or additional costs can be claimed as u r still working and new dates can worked on.

    Question is r u going to work beyond your contractual date or not? Whats ur management point of view and what will be the actual delay on account of diversion. IS there any ERI/PMI being issued to divert those pipe works. If yes, dont ask for EOT now. Issue a notice of diversion of works and sumit your interim EOT claim later on.

    :-)
  6. 0
    Abdelmoneim Youssef , PMP ·
    Hi,

    You do not need approved time schedule to make extension of time.

    If the work done then you will make as built program and you claim with it
  7. 0
    Dayanidhi Dhandapany ·
    Clause 14 program is a guide for the manner in which you are planning to execute the job. Eventhough the program is not approved, you can submit your schedule with actuals and the remaining forecasted one and write a letter to approve the schedule. In fact the comments given by consultant were nothing to do with the logic and duration, since he was talking about loading of resources/costs etc.,

    I hope you are submitting your monthly progress reports using the unapproved schedule with proper updates which is reasonably enough to go for claims provided that the sequence/logic is reasonable in your program.

    Cheers!!!

    Daya

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