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FIDIC a Guide for Practitioners Time Control

FIDIC a Guide for Practitioners Time Control

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Published by: danielndascalu on Jun 11, 2012
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12/13/2014

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12.

4 Time Control

245

12.4

Time Control

One of the underlying principles of all FIDIC forms of contract is the avoidance and reduction of the amount of change that occurs on construction projects. On the other hand FIDIC recognises that change is inevitable, even though many changes can generally be avoided through good planning. Once having accepted that changes are inevitable a management tool for time survey and time management is necessary. This is the reason why FIDIC requires the Contractor to provide a Programme. The Programme is one of the most important tools for the Engineer and the parties to the contract during the whole course of the Works. The Programme as referred to in Sub-Clause 8.3 is far more than a simple bar chart. It shows the intended order and duration of all activities which are necessary in order to complete the Works. It shall also include all resources needed for each activity. It is a management tool which must be updated regularly. According to Sub-Clause 8.3 the Contractor shall submit a Programme within 28 days after the Commencement date. It is submitted to the Engineer who may reject it within 21 days after having received it. By doing so he must state the extent to which it does not comply with the Contract. If the Engineer remains silent, the Contractor shall proceed in accordance with the Programme. As soon as the Programme is inconsistent with actual progress or with the Contractor’s obligations the Contractor shall submit a revised Programme. Thus the Programme does not become accepted by the Employer, but it is nevertheless binding on the Contractor. Each Programme shall include the following information: (a) The order in which the Contractor intends to carry out the Works, including the anticipated timing of each stage of design (if any), Contractor’s Documents, procurement, manufacture, inspection, delivery to Site, construction, erection, testing, commissioning and trial operation (b) The periods for reviews under Sub-Clause 5.2 [Contractor’s Documents] and for any other submissions, approvals and consents specified in the Employer’s Requirements – each of these stages for work by each nominated Subcontractor (as defined in Clause 5 [Nominated Subcontractors]) (c) The sequence and timing of inspections and tests specified in the Contract (d) A supporting report which includes: (1) A general description of the methods which the Contractor intends to adopt, and of the major stages, in the execution of the Works (2) Details showing the Contractor’s reasonable estimate of the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment, required on the Site for each major stage Thus the Programme includes full information about the anticipated timing of each stage of work, including details about delivery of material and goods, procurement, design, testing, etc. There is therefore a strong incentive to go through the exercise of forecasting all stages of work, which are necessary to complete the Works.

He is then entitled to claim for Time extension. But if actual progress is too slow or if progress has fallen behind the current Programme the Engineer may instruct the Contractor to submit a revised Programme in accordance with Sub-Clause 8. the Contractor shall then reflect these constraints in his planning of the order and timing of the Works.? Is the entire scope of the work represented? Are there any obvious errors in the programme related to the sequence or timing of the works? Does the Programme comply with actual progress? Does the Programme comply with testing requirements? However he should not ask whether any activity durations are questionably too long. he should not reject the Programme for other reasons than non compliance with the Contract. However. If the Contractor encounters difficulties which result in delay or disruption then there are two possibilities. he shall submit a revised Programme showing the new date for completion. in which case he has to revise the Programme and to show how he plans to recover the delay. The Programme has to show the Commencement date and the anticipated date for completion. this will be considered to be a change to the Works or the Employer’s requirements and thus constitute a variation.6 applies if and when the Contractor has failed to give notice of a claim arising from an event listed in Sub-Clause 8. if necessary. However. Thus its means of control is in principle limited to the following questions: l l l l l l l l Does the Programme comply with all contractual obligations? Does the Programme comply with milestones. In any case the Contractor shall submit a revised Programme as soon as the Programme becomes inconsistent with actual progress or with the Contractor’s obligations. However he shall not do so if the delay is caused as a result of an event listed in Sub-Clause 8.6. In any case the Engineer has the duty to review and the power to reject the Programme once it has been submitted by the Contractor.246 12 Time for Completion The Programme enables the Engineer to assess claims for Time extension and to instruct acceleration. It is critical to know whether the Contract provides constraints on how the Contractor performs the work. or too short for the scope of work they represent unless it becomes obvious . if the Employer or the Engineer introduces new constraints during the course of the Works. or else he suffers delay from an event which is at the risk of the Employer. If so. As long as the Programme is consistent with actual progress and with the Contractor’s obligations it can be maintained.4. In so far it is common understanding that Sub-Clause 8. instructions. Either he encounters a difficulty which is at his risk. Once Time extension has been granted. etc.4. However there is no requirement for a regular and subsequent update of the Programme. or restraints on working hours or methods? Does the Programme comply with approval requirements as to the design? Does the Programme comply with current determinations. As the responsibility for scheduling the works lays with the Contractor the Engineer should not put further constraints on the Contractor.

Apart from Sub-Clause 8.4 various other Sub-Clauses provide for extension of Time for Completion.1) Adverse physical conditions (Sub-Clause 4. (2) When parties agree that a contract is to be implemented by a fixed date.7) 12.24) Delayed tests (Sub-Clause 7. It is for this reason that Sub-Clause 8. and gains an advantage from. when the conduct of the Employer is unlawful (and constitutes a breach of contract) the position may be that a debtor is generally excused from performing an obligation on time if his creditor wrongfully prevented him from doing so. This is the case if delay occurs when Contractor and Employer have both caused independent delays. However. The Engineer should be aware of the fact that any instructions may constitute a Variation.3) Changes in legislation (Sub-Clause 13.5 Extension of Time There are two propositions: (1) If one finds in the contract the time limited within which the Contractor is to do this work that means not only that he is to do it within that time.6 Concurrent Delay 247 that the Works will not be completed within Time for Completion. . a concurrent delay appears when two or more causes of delay overlap.4) Interference with Tests on Completion (Sub-Clause 10. A careful Contractor will inter alia identify the following events which may cause an entitlement to additional time: l l l l l l l Delayed drawings (Red Book only) (Sub-Clause 1.21 the Contractor must compare actual progress and planned progress showing details of any event or circumstance which may jeopardise completion. In other words. in particular if the decision about extra time rests with the Employer who then becomes arbiter of. conduct by the Employer which is already authorised by the contract (e.6 Concurrent Delay Delay and disruption occur almost inevitably.9) Lack of access to and possession of the Site (Sub-Clause 2. but it means also that he is to have that time within which to do it. Unfortunately it is often the case that concurrent causes of delay occur. It is also for the aforementioned reasons that building contracts nowadays almost invariably contain express provisions making allowance for extensions of time. his own – wrong.4 provides for extension of Time for Completion not only in the event of additional or changed work but also in the event of acts of unlawful prevention and subject to further determination by the Engineer.12. According to Sub-Clause 4.12) Fossils (Sub-Clause 4. issuing variation orders in accordance with Clause 13) surely cannot alter or nullify the agreed Time for Completion.g. 12.

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