CASE STUDY

PROGRESS MONITORING AND

PERFORMANCE
You are in the preparation of a determination report on the
Contractor's EOT claim of the following situation:

-Contractor's program was submitted in accordance with

FIDIC 8.3 (Program)

-As the work progress, engineer felt that contractor is not

going to achieve as per his program and asked for updated
program.

-contractor submitted a updated program with a completion

date as per the contract. Along with the program, contractor
added a sentence in covering letter, this program do not
drop their right to ask for an EOT mentioned in previous
correspondences.
 CASE STUDY
PROGRESS MONITORING AND
PERFORMANCE
• -Engineer several times ask contractor to substantiate
and submit the EOT program.

• -even after the updated program, the contractor

submitted a monthly report including a program that has
got the completion date as per the contract.
•
-after couple of months, contractor submitted an EOT
program with insufficient substantiation documents.
 CASE STUDY
PROGRESS MONITORING AND
PERFORMANCE
• Please note all the delay events mentioned in his claim
was occurred before his updated program, however his
updated program commit that completion date will be as
per the contract.

• The monthly progress report submitted after updated

program does not states any notice of claim and shows all
commitments as per contract. In addition, contractor failed
to submit the detailed particulars within 28 days of the
event.

• What will be your determination and why?

• EOT is governed by FIDIC cl 8.4.
• Could be due to variation
• Exceptionally adverse climatic condition
• Unforeseeable shortage of resources
• Delay attributed to employer
• Facts:
• Contractors Program as per cl 8.3
• Employer asked updated program cl 8.3
• Contractor submitted updated program as per cl 8.3
• Contractor submitted a letter stating that this program do not drop their
right to ask for an EOT mentioned in previous correspondences.
• Engineer ask substantiation of EOT.
• Monthly progress report shows the same completion date in updated
program.
• Contractors submits claim after a long time, without proper substation.
• Updated program does not refer to any delays.
• The monthly progress report submitted after updated program does not
states any notice of claim
• Details particular after 28 days.
• In support
• The contractor has submitted
correspondence related to request for
Extension of time.
• Reminded at the time of submission of
program.
• In Against
• As per cl 20.1, the claim should be notified within
28 days after contractor become aware
describing the event or circumstances giving rise
to claim.
• Within 42 days after the Contractor became
aware (or should have become aware) of the
event or circumstance giving rise to the claim,
the contractor should submit fully detailed claim
with supporting document.
• The updated program must show that due to the events
or circumstances the proposed completion time is
moving, this should be substantiated with reason. The
contractor must give notice about probable future event
which may adversely affect the work. (The contractor
earlier correspondence and letter with program could be
considered as notice).
• As per cl. 4.21(h) the progress report should contain
comparison of actual and planned progress, with details
on any events or circumstances which may jeopardize
the completion, and measure adopted to overcome delay
• Conclusion:
• The Contractor does not followed the time line for claim stated in
20.1 and hence their claim can not be accepted.
• The contractor has not substantiated his claim properly.
• The updated program submitted and progress report does not
indicate any reasons and circumstances of extension required.
• Assuming that the contractor would have followed the time line, the
engineer’s determination will be based on the part of claim which
has been substantiated and, notified as per 8.3 program and stated
in the progress report.
• The netwrok program derived from the program submitted could be
the basis for analysiong and finalizing the extension of time in case
the bidder could be given notice and substantiated the reason.