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4.2.1.1.1.2. Continuance to the work
Second aspect of the obligation to create the work by the contractor is to continue.…
“1. (i) In case the contractor does not commence to the work in due time or (ii) impedes the work oppose to the conditions of contract or (iii) it is understood that the contractor will not be able to complete the works at the agreed date despite of all the presumptions, the employer can terminate the contract without waiting for the taking-over of the works.…
2. During the creation, if it is anticipated that the works will be created defective or in a way against the contract, the employer may notify to the contractor that if the contractor doesn’t remove the incompatibleness within a reasonable time, the employer will assign the repair and continuance of the works to a third party.” …
As can be understood from the above-mentioned article, the contractor’s obligation…
Under FIDIC contracts, non-continuance to the work is regulated as a fundamental…
Accordingly, vide the last sentence of Sub-Clause 8.1 “Commencement of Works” of…
‘Expedition’ referred to in the provision stands for speed in performance. ‘Due’…
FIDIC contracts take the ‘continuance’ responsibility so serious that even confronting…
“This notice shall describe the physical conditions, so that they can be inspected by the Engineer, and shall set out the reasons why the Contractor considers them to be unforeseeable. The Contractor shall continue executing the Works, using such proper and reasonable measures as are appropriate for the physical conditions…”…
Furthermore, FIDIC contracts stipulate a system for tracking the contractor’s continuance…
“Unless otherwise stated in the Particular Conditions, monthly progress reports shall be prepared by the Contractor and submitted to the Engineer in six copies. The first report shall cover the period up to the end of the first calendar month following the Commencement Date. Reports shall be submitted monthly thereafter, each within 7 days after the last day of the period to which it relates. Reporting shall continue until the Contractor has completed all work.”
“The Contractor shall submit a detailed time programme to the engineer within 28 days after receiving the notice under Sub-Clause 8.1 [Commencement of Works]. The Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Contractor’s obligations.”…
Programmes are detailed planning of the activities between the commencement date…
In summary, the programme shall include the following key element to be compatible…
• Sequence of works, …
• Foreseen durations of the several parts of the work,…
• If the Gold Book is at stake, the period of operation service,• If there are subcontractors, their works with stages and corresponding duratio…
• The periods stipulated for review of the documents by the employer/engineer,…
• Order of tests and inspections,…
• Manpower and equipment required for each stage.…
It is to be noted that, in the practice, there is always a conflict in stance of…
In the programme, there are some activities which can be delayed by the contractor,…
• “Total Float: The total amount of time that a schedule activity may be delayed from its early start date without delaying the project finish date, or violating a schedule constraint.…
• Free Float: The amount of time that a schedule activity can be delayed without delaying the early start date of any immediately following schedule activities.”…
• “‘Critical Path Activities’ are the project deliverables that ought to commence and finalize on due course to ensure that the project ends in a timely manner. …
• ‘Longest path’ stands for the sequence of driving activities that determine the project end date.”…
Depending on whether an activity in the programme has free float or not & whether…
“If, at any time:…
(a) actual progress is too slow to complete within the Time for Completion, and/or(b) progress has fallen (or will fall) behind the current Programme under Sub-Clause 8.3,…
other than as a result of a cause listed in Sub-Clause 8.4 [Extension of Time for Completion], then the Engineer may instruct the Contractor to submit, under Sub-Clause 8.3 [Programme], a revised Programme and supporting report describing the revised methods which the Contractor proposes to adopt in order to expedite progress and complete within the Time for Completion.…
4.2.1.1.1.1. Commencement to the work in due time
4.2.1.1.2. Handing – over to the employer
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