Professional Documents
Culture Documents
Detailed Claim
Detailed Claim
Detailed Claim
02
Section V Analysis........................................................................................................ 13
Part I: Analysis of the Contractor’s submitted delay events………….. 13
Case#1 – Integrated Kitchen Cabinet and Marble………………… 13
Case#2 – Ground Floor (Conceptual Design Change)…………….. 21
Case#3 – Revised Architectural Plan for Basement Floor………… 26
Case#4 – Providing of BMS specification………………………… 30
Case#5 – Providing Fire fighting system FM200 specification…… 35
Case#6 – Change CCTV system specification……………………. 40
Part II: Reasons of delay occurred in the as-built schedule and its
responsibility………………………………………………………………. 45
Part III: Comparison between finish dates of the As-built and the
MOU schedule…………………………………………………………….. 46
Appendices
Appendix 1 References
Section I
Introduction
The contract was signed between ***** Joint ****** incorporated under the laws of Egypt, and
****** as a contractor who has shown interest to perform the modeling of part of *****Project
Page 1 of 48
including design & engineering, architectural and civil finishes and MEP works at the *****project
at *********, Cairo, Egypt.
As agreed the contractor shall commence the work immediately on the contract effective date to
successfully complete the works as a whole including testing and commissioning, storing,
installations within a period of ten (10) months thereof.
However, the operator's entry for furniture and training will start progressively starting from the end
of 9th month.
The contract's effective date is 19 February 2007 and the contractor shall commence the work
immediately to complete the works as a whole including testing and commissioning, storing,
installations within a period of (10) months that ends 18 December 2007 as the entry for furniture
and training will start with the end of the 9th month.
On 22 August 2007, the Client and the Contractor signed a memorandum of understanding in
wh****** the two parties agree on the following:
1- The contractor certifies that this MOU is the final settlement to any submitted claim by the
contractor for additional cost and/or time extension to the date of 26 June 2007and that the
contractor has no further right to claim in future for any disruption caused by any Employer
Risk event that took place before the effective date of the MOU or related to subjects and
quantities mentioned in attachment 1 of this MOU.
2- This MOU does not include the cost settlement of the following modifications that were
requested before the date of 26 June 2007and wh****** will be mutually discussed and
agreed upon:
Generator room modifications.
Quantity of doors excluded from penthouses.
Changes in the ground floor and additional works in the basement level.
However no time impact is to considered for the above in accordance with this MOU
3- The MOU modified the project finish dates as following:
10th to 14th floors to finish by 31 January 2008
The complete project to finish by 31 March 2008
Page 2 of 48
Section II
Background of the claim
The present Claim relates to an extension of time for the remodeling of ******, belonging to
Contract Package ******.
Under the contract, ****** was to be completed within 10 months from 19.2.2007, i.e. by
18.12.2007. Subsequently, the completion due date was extended to 31.1.2008 for the 10th to 13th
floor and 31.3.2008 for the rest of the building as per the MOU effective date 20 August 2007.
The Contractor is claiming extension of time arising due to what it terms as delaying and disruptive
events, variations and design changes (modifications).
On May 19, 2008 the contractor submitted first letter including 26 events in wh****** 13 cases are
understudy by the contractor himself and 13 other cases with supporting documents for PMO
review. A workshop meeting was held to discuss the contractor submission in wh****** PMO
highlighted that the event description is not defined and the documents are not properly submitted
and that the claim events cannot be analyzed according to the baseline schedule.
On July 16, 2008 the contractor submitted a model package and evidence for claim event no.1
without any analysis (integrated kitchen event).
On August 10 & 20, 2008 meetings were held between PMO and the contractor in wh****** the
contractor was advised to prepare an as-built schedule as the contractor has never submitted updates
for the baseline schedule as per the contract. This is to enable the contractor and PMO to study
properly delay events submitted by the contractor.
On October 30, 2008 the contractor submitted claim for 3 delay events including the model event
previously submitted for PMO review. The cases are:
1- Ground floor due to change of conceptual design.
2- Basement due to change of conceptual design.
3- Integrated kitchen as per client request.
The Contractor had made their claim under the cover of their letter dated 19.11.2008 under clause
44 of the contract.
The Contractor has framed his claim in the alternative. The Contractor claims that in accordance
with contract conditions clause 44.1 and clause 44.3, “Project Manager shall determine the amount
of such extension and shall notify the contractor accordingly” and that “Project Manager shall
make an interim determination of extension of time”.
On November 26, 2008 the contractor submitted another 3 cases for PMO review, the cases are:
1- BMS system. 2- FM200 system. 3- CCTV system
The PMO replied via its letter dated 27.11.2008 stating that the Contractor till date failed to submit
required contemporary documents along with relevant schedules to focus on the actual time impact
in accordance with the contract and that the contract does not stipulate any time frame for PMO to
determine any unsubstantiated time extension claim by the Contractor.
The contractor was requested to submit all the required claimed items with updated as-built
schedule and supported documents to enable PMO to study the claim and determine the time
extension if any.
Page 3 of 48
Section III
Contract Clauses Relevant to Delay
The contractor shall , within fourteen (14) days from the commencement date of the contract
produce a detailed work programme ( schedule of work ) from the commencement of work
till its completion indicating all activities required to be performed to complete the project in
time for approval of the project manager .
The contractor shall strictly adhere to the schedule of work duly approved by the project
manager. The contractor shall, whenever required by the project manager, also provide in
writing for his information a general description of the arrangements and methods the
contractor proposes to adopt for the execution of the works.
In accordance with the overall schedule of completion of the project, the contractor shall
submit PERT network to the project manager in soft copy together with a hard copy
detailing the sequence, predecessor or successor, the activity, early start, early finish, late
start, late finish, the float, and the resources for each work involved.
With the programme, the contractor shall submit for the approval of the project manager the
arrangements and methods, including layout of construction plant, site logistics, safety
precautions and all other information necessary for a comprehensive description of the
proposed methodology he proposes to adopt for the execution of the works including
estimated quantities and production rate, hours per shift, working days per week and major
construction equipment.
The contractor shall submit to the project manager fortnightly a detail programme in an
acceptable format based on the approved schedule of works for the works he intends to
perform during the period.
This fortnightly programme should be updated for each day reported to the project manager in
addition; the contractor shall present fortnightly progress reports with methods to be used for
compensating any possible delay wh****** may be evident. The programme should show all
resources required including labors, equipment and materials.
The contractor shall submit electronic copy of all the programmes as required together with
a hard copy for review and approval of the project manager.
Failure by the contractor to submit the schedule of works for approval and / or the failure to
submit subsequent updates of the said programme as required shall constitute a default by
the contractor and the project manager reserves the right to withhold any amount while
recommending payment through the interim payment certificate and / or any other measure
the project manager may deem fit.
After all contract activities are complete, the contractor shall submit an “As built " contract
schedule showing actual start and finish dates for all activities and milestones. Failure of the
contractor to comply with this section will be considered cause for withholding progress
payments.
Page 4 of 48
Clause 14.2 Revised Programmes
If at any time it should appear to the project manager that the actual progress of the works does not
conform to the actual requirement, the contractor shall produce, at the instruction of the project
manager, a revised programme showing the modifications to such programme necessary to recover
any delay and ensure completion of the works within the stipulated time for completion.
Page 5 of 48
b) Within 7 days or such other reasonable time as maybe agreed by the Project Manager after
such notification submitted to the Project Manager detailed particulars of any extension of
time to wh****** he may consider himself entitled in order that such submission maybe
investigated at the time.
Page 6 of 48
Section IV
Planning & Programme
Under conditions of particular application clause 14, there is a requirement for the construction
programme. The contractor is required to submit to the PM, for his approval, a programme showing
the sequence of wh****** in wh****** he proposes to perform the work. Clause 14 of programme
is an amplification of the program submitted with the tender based on a critical path network
detailing mobilization, procurement, construction activities, resources and resource allocation.
The history of clause 14 with reference to correspondences as follows:
On 21st March 2007, ****** submitted the project schedule and milestones payment.
The PMO forwarded the schedule along with a transmittal to ****** on 22nd March 07
On 22 August 07 and according to the MOU signed and agreed on by both the Client and
Contractor a Schedule is submitted illustrating the project new finish dates. “MOU schedule
1209”.
On 14th Sep 07, ****** submitted a revised project schedule assuming 15th Sep 07 as
milestone date to receive the conceptual design drawings for the first basement and ground
floor.
On 7th Oct 07, ****** submitted the mock up#2, 3 updated schedules.
On 22nd Dec 07, ****** submitted work schedule for floors 10th to 14th.
On 17th Jan 08, ****** submitted a crash schedule for ****** Block (floors 10th to 14th )
On 20th Jan 08, PMO approved the crash schedule submitted by ****** but with
comments.
On 27th July 08, ****** submitted detail schedule of floors 10th to 14th
On 3rd Feb 08, ****** submitted overall crash schedule.
On 4th Feb 08, ****** submitted an updated time schedule (10th to14th floors) and
allocated resources.
On 7th Feb 08, PMO approved the overall time schedule for ****** Block and requesting
****** to resubmit the schedule considering the mentioned comments.
On 14th Feb 08, ****** submitted a crash schedule projected a finish date as of 40 Apr. 08
On 24rd Feb 08 PMO noted that the updated schedule wh****** was submitted on 14th Feb
08, was refused requesting the contractor to submit the actual accurate percent compete in
the form of weekly updated schedule.
On 23rd Feb 08, PMO noted about the sent crash time schedule that ****** didn’t
substantiate modifications required by the employer.
On 25th Feb 08, ****** submitted the overall schedule including ground floor and
basement taking into consideration some points mentioned.
On 2nd March 08, PMO sent a letter along with a list of missing/incomplete activities in
10th and 12th floors were supposed to be handed over, and unsatisfactory status of work in
floors 9 , 10.
On 3rd March 08, PMO requested ****** to extend labors working hours and Manpower to
accelerate the progress and achievements completion dates.
Page 7 of 48
1- The MOU Base Line Schedule (1209)
The MOU was signed between the Client and the Contractor with effective date 26 June, 2007 to
extend the project finish date to be on the 31st of January 2008 for floors from 10th to 13th floors and
the 31st March 2008 for the rest of the project, this has been included in the MOU Project Schedule
(1209) as following:
General
+ General
335 41 07MAR07A 31MAR08 0
Engineering
+ Design Submittals
229 0 15MAR07A 06DEC07 0
+ Design Approval
236 77 15MAR07A 15DEC07 0
Procurements
+ Material Submittals
225 60 22MAR07A 09DEC07 0
+ Material Approval
233 68 21MAR07A 17DEC07 0
Constructions
+ 13th Floor
327 34 17MAR07A 31MAR08 0
+ 12th Floor
321 27 24MAR07A 31MAR08 0
+ 11th Floor
327 26 17MAR07A 31MAR08 0
+ 10th Floor
321 24 24MAR07A 31MAR08 0
+ 9th Floor
321 21 24MAR07A 31MAR08 0
Page 8 of 48
Activity Activity Orig % Early Early SUBT
Rem
Total MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR
1 2 3 4 5 6 7 8 9 10 11 12 13 14
ID Description Dur Comp Start Finish DurFloat
+ 8th Floor
315 15 31MAR07A 31MAR08 0
+ 7th Floor
315 17 31MAR07A 31MAR08 0
+ 6th Floor
315 10 31MAR07A 31MAR08 0
+ 5th Floor
315 12 31MAR07A 31MAR08 0
+ 14th Floor
303 5 14APR07A 31MAR08 0
+ 15th Floor
303 9 14APR07A 31MAR08 0
+ 16th Floor
303 2 14APR07A 31MAR08 0
+ 17th Floor
303 2 14APR07A 31MAR08 0
+ Ground Floor
241 1 17JUN07A 23MAR08 7
+ Roof
85 0 12DEC07 19MAR08 10
+ Basement Floor
150 0 09OCT07 31MAR08 0
Sheet 2 of 2
Page 9 of 48
2- The partial as build schedule up to date 01 Dec. 07 (ASUP)
As the contractor has never submitted schedule updates and in order to simulate the impact of the
contractor’s submitted delay events, the contractor generated a partial as built schedule with a data
date of 1 Dec. 07
The Contractor’s as-built schedule has a finish date of 09 July 2008 instead of the project planned
finish date agreed on within the MOU of August 2007 wh****** is 31 March 2008.
General
+ General
420 41 07MAR07 01APR08 07MAR07A 08JUL08 -85
Engineering
+ Design Submittals
229 0 06DEC07 15MAR07A 06DEC07 0
+ Design Approval
236 79 15MAR07 15DEC07 15MAR07A 15DEC07 0
Procurements
+ Material Submittals
236 60 11JUL07 09DEC07 22MAR07A 22DEC07 -11
+ Material Approval
249 76 21MAR07 17DEC07 21MAR07A 05JAN08 -16
Page 10 of 48
Activity Activity Orig % Target Target Early Early SUBT
Rem
Total NOV DEC JAN FEB MAR APR MAY JUN JUL
9 10 11 12 13 14 15 16 17
ID Description Dur Comp ES EF Start Finish DurFloat27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12
Constructions
+ 13th Floor
375 45 17MAR07 31MAR08 17MAR07A 26MAY08 -48
+ 12th Floor
370 40 24MAR07 31MAR08 24MAR07A 27MAY08 -49
+ 11th Floor
376 39 17MAR07 31MAR08 17MAR07A 27MAY08 -49
+ 10th Floor
370 28 24MAR07 31MAR08 24MAR07A 27MAY08 -49
+ 9th Floor
385 26 24MAR07 31MAR08 24MAR07A 14JUN08 -64
+ 8th Floor
390 22 31MAR07 31MAR08 31MAR07A 26JUN08 -75
+ 7th Floor
388 23 31MAR07 31MAR08 31MAR07A 24JUN08 -73
+ 6th Floor
389 17 31MAR07 31MAR08 31MAR07A 25JUN08 -74
+ 5th Floor
382 14 31MAR07 31MAR08 31MAR07A 17JUN08 -67
+ 14th Floor
367 9 14APR07 31MAR08 14APR07A 14JUN08 -64
+ 16th Floor
365 3 14APR07 31MAR08 14APR07A 11JUN08 -62
+ 17th Floor
377 4 14APR07 31MAR08 14APR07A 25JUN08 -74
+ Ground Floor
326 1 17JUN07 23MAR08 17JUN07A 30JUN08 -78
+ Roof
86 0 12DEC07 19MAR08 31JAN08 10MAY08 -34
+ Basement Floor
189 0 09OCT07 31MAR08 29NOV07A 06JUL08 2
Page 11 of 48
The partial as-built schedule generated the following floor’s finish date:
.
Partial As-Built finish
Floor Level Planned Finish Dates
dates
Roof 31 Mar 08 10 May 08
Floor 17 31 Mar 08 25 Jun 08
Floor 16 31 Mar 08 11 Jun 08
Floor 15 31 Mar 08 17 Jun 08
Floor 14 31 Mar 08 14 Jun 08
Floor 13 31 Jan 08 26 May 08
Floor 12 31 Jan 08 27 May 08
Floor 11 31 Jan 08 27 May 08
Floor 10 31 Jan 08 27 May 08
Floor 09 31 Mar 08 14 Jun 08
Floor 08 31 Mar 08 26 Jun 08
Floor 07 31 Mar 08 24 Jun 08
Floor 06 31 Mar 08 25 Jun 08
Floor 05 31 Mar 08 17 Jun 08
Ground 31 Mar 08 30 Jun 08
Basement 31 Mar 08 06 Jul 08
Page 12 of 48
Section V
Analysis
In order to properly determine an accurate delay responsibility and periods, PMO did not only
studied the impact of the submitted delay events by the con tractor but also reviewed, studied and
compared the partial as-built schedule and the MOU schedule both submitted by the contractor.
The analysis is divided in to 3 parts as following:
Part I: Analysis of the Contractor’s submitted delay events.
Part II: Reasons of delay occurred in the as-built schedule and its responsibility.
Part III: Comparison between finish dates of the As-built and the MOU schedule.
The contractor submitted a list of evidence for Integrated Kitchen Cabinet Chronology shown the
event effective date was 13 December 07 (according to ****** Site visit).
The Contractor prepared partial as-built schedule updated [01 December 2007] as base to calculate
the delay. This update schedule originally projected a completion date of 08 July 2008.
Seven (7) new activities were inserted in this progress update to simulate the effect of the delays of
Integrated Kitchen. The effect of the simulation resulted in a completion date of 31 August 2008.
The Contractor as such claims that he is entitled to an extension of time of 53 Calendar days.
On 24-Nov-07 PMO confirmed the official comments carried out by ****** for ****** site visit in
7 & 8 Nov. 07 for the mock-up rooms to change the type of kitchen to integrated unit.
As there isn’t updated program submitted by the contractor during this period, the contractor
submitted a partial as-built schedule up to 1st Dec. 07 built on the last revised schedule submitted by
the contractor as revised project schedule according to MOU with data date 23 rd Aug. 07, wh******
projected finish date as of 31st Mar. 08
The contractor submitted partial as-built schedule (ASUP) up to date 01 st Dec. 07 wh******
projected finish date as of 09th Jul. 08.
PMO initiated an analysis to establish the effect of the letter of revised Integrated Kitchen to the
progress of works. This is achieved through adding new activities regarding Integrated Kitchen
Works in the partial as-built schedule up to 01 December 2007. These activities were prepared by
PMO with the required durations and relationships (extracted from the contractor’s base line
schedule program (1209)
Page 13 of 48
In spite of the issue date of the SBS comments for the mock-up and integrated kitchen specs is 24
November 2007 according to ****** letter ref. (******/1.08/092), the contractor’s claimed
effective date as of 13-Dec-07 wh****** is the SBS assumed final visit date for mock-up rooms for
use in the primavera analysis. The new activities added regarding revised Integrated Kitchen are
inserted in the partial as-built schedule ASUP update of 01 December 2007.
The following Table 1.02.2(A) identifies the new activities with durations.
Table 1.02.2(A) List of New Activities Added Regarding change type of kitchen to integrated
one
Seven activities were added to the program regarding change type of kitchen. Table 1.02.2(B)
shows the existing activities that were affected by change type of kitchen to the works.
Table 1.02.2(B) List of Existing Activities Affected by change type of kitchen to Integrated one
The new activities added regarding Integrated Kitchen were inserted in programme (CLA1) update
as of 01 December 2007 and related to existing activities as follows in Table 1.02.2(C). These
relationships were obtained from Contractor’s (MOU) Base Line Schedule
Table 1.02.2(C) List of New Activities Added Regarding Integrated Kitchen type and their
Relationships
Page 15 of 48
..C13KM330 15 SU Kitchen Equipments Installation
GGNGG093 0 Equipment Approval
..GGNGG103 * 102 SU Integrated Kitchen Equipment @ site
The following Table 1.02.2(D) indicates the status of the activities regarding integrated Kitchen
type and those affected by it as of program CAL1 impacted (partial as-built schedule) of 01
December 2007.
Table 1.02.2(D) List for Status of New Activities Added change type of kitchen to Integrated
type and Related Existing Activities
According to program ASUP program update as of 01 December 2007, the original project
completion date was 09 July 2008. The effect of the primavera simulation analysis projected the
same project completion date wh****** is 29 July 2008.
Therefore, the analysis shows effect on the project completion date. The modifications of works
introduced by change the Kitchen type to integrated one had 20 Calendar days delay effect on the
activities related to it
1.03 Conclusion
As such, the contractor can be entitled to 20 Calendar days extension of time on account of
change the kitchen type to integrated one.
1.04 References
Page 18 of 48
1.05 PMO’s Investigation and Understanding
On 03-May-2007 Transmittal submitted by the contractor for “Wooden Kitchens with their
equipment” were replied with many comments as Original Contract Kitchen Specifications.
On 16-Jul-07 ****** mentioned ****** request for change in the mock up apartment converting
the kitchen from non-integrated to integrated type
A progress meeting No. 21 was held on 09-Aug-07, where ****** requested that one of the other
two mock-ups to have integrated kitchen
On 12-Aug-2007 ****** confirmed their request to do one of the two remaining mock-up’s kitchen
as an integrated one.
A progress meeting No. 22 was held on 19-Aug-07, ****** raised their concern about the mock-up
kitchen and requested ****** not to proceed without approved shop drawings for the kitchen.
A progress meeting No. 31 was held on 22-Oct-07, where ****** confirmed the installation of the
integrated kitchen and ready for inspection, wh****** was rejected by ****** asking to provide
shop drawings for approval.
On 14-Nov-07 ****** informed that ****** visit to mock-up rooms on 7 & 8 Nov. 2007,
mentioning their comments that kitchen to be gloss white.
On 18-Nov-07 ****** submitted shop drawings schedule indicating that kitchen details will take 2
weeks after Layout approval.
On 24-Nov-07 PMO confirmed the official comments carried out by SBS for ****** site visit in 7
& 8 Nov. 07
On 19-Jan-08 ****** resent final updated furniture layouts for each different unit type, based on
the latest approvals of the operator Interior Designer (SBS) mentioned that these sketches are sent
to the contractor for the second time.
On 20-Jan-08 Transmittal submitted by the ****** regarding wooden kitchen equipment were
approved and returned back to the Contractor on 21-Jan-08.
On 28-Jan-08 Transmittal submitted by the ****** regarding wooden kitchen - Joinery details were
rejected, returned back to the Contractor on 05-Feb-08.
On 09-Feb-08 Transmittal submitted by the ****** regarding wooden kitchen - Joinery details
were approved, returned back to the Contractor on 10-Feb-08.
On 10-Feb-08 Transmittal submitted by the ****** regarding wooden kitchen Equipments were
approved and returned back to the Contractor on 11-Feb-08.
On 02-Mar-08 MIR submitted by the ****** regarding wooden kitchen types (A, B & C) was not
action as the contractor didn’t send adequate format for these cabinets, and hence returned back to
the Contractor on 04-Mar-08.
Page 19 of 48
On 04-Feb-08 a contract signed between ****** and Wood beaker (as sub-contractor to provide &
install Joinery works for integrated Kitchen) shows that supply & installation 48 integrated kitchen
units will be within a period by 28-feb-08 & the remaining quantities (140 units) by 15-apr-08.
On 12-Feb-08 ****** issued a Purchase Order for integrated Kitchen equipment mentioned that
some equipments required by 13-Mar-08
Page 20 of 48
Case#2 – Ground Floor (Conceptual Design Change)
The contractor submitted a list of evidence for Ground Floor modification, showing the event
effective date was 12 February 08 (without any mentioned reference or reason).
The Contractor used partial as-built schedule updated [01 December 2007] as base to calculate the
delay wh****** originally projected a completion date of 09 July 2008.
Adding new activity for Approval new Arch. Interior design Ground floor with ID (GGNG201)
wh****** started on 12th Feb. 2008 related to successor Activities (CGRKC002 & CGRMC002 &
CGRTC002) (Brick Works Installation) with relation FS and lag = 0. Lead the project to finish on
18th of Aug. 2008
On 10-Dec-07 PMO confirmed the official comments carried out by SBS for ****** site visit in 7
& 8 Nov. 07 for Ground Floor (Conceptual Design Change)
As there is no updated programme submitted by the contractor during this period, the contractor
generated a partial as-built schedule up to 1st Dec. 07 built on the last revised schedule submitted by
the contractor as revised project schedule according to MOU with data date 23 rd Aug. 07, wh******
projected finish date as of 31st Mar. 08
The contractor submitted partial as-built schedule (ASUP) up to date 01 st Dec. 07 wh******
projected finish date as of 09th Jul. 08.
PMO initiated an analysis to establish the effect of ground floor (conceptual design change) to the
progress of works. This is achieved through adding new activities regarding new ground floor
Works in the partial as-built schedule up to 01 December 2007. These activities were prepared by
PMO with the required durations and relationships (extracted from the contractor’s base line
schedule programme (1209)
The new activities added regarding revised ground floor are inserted into the partial as-built
schedule ASUP update of 01 December 2007.
The following Table 2.02.2(A) identifies the new activities with durations.
Page 21 of 48
Table 2.02.2(A) List of New Activities Added regarding revised Ground Floor drawings
Three activities were added to the program regarding revised ground floor drawings. Table
2.02.2(B) shows the existing activities that were affected by the revised foundations drawings to the
works.
Table 2.02.2(B) List of Existing Activities Affected by revised ground floor drawings
The new activities added regarding Ground Floor (Conceptual Design Change) were inserted in
programme (CLA2) update as of 01 December 2007 and related to existing activities as follows in
Table 2.02.2(C). These relationships were obtained from Contractor’s (MOU) Base Line Schedule
programme (1209)
Table 2.02.2(C) List of New Activities Added Regarding ground floor modification and their
Relationships
ORIG
ACTIVITY DESCRIPTION
ACTIVITY ID DUR
GGNG201 0 Approval new Arch. interior design Ground floor
..ESSGF43A * 0 SU FS 22 Masonry work shop dwgs (Floor Ground) Modification
Page 22 of 48
The following Table 2.02.2(D) indicates the status of the activities regarding ground floor
modification and those affected by it as of program CAL2 impacted (as built schedule) of 01
December 2007.
Table 2.02.2(D) List for Status of New Activities Added regarding revised ground floor and
Related Existing Activities
According to program ASUP, the original project completion date was 09 July 2008. The effect of
the primavera simulation analysis projected a new project completion date i.e. 22 July 2008.
Therefore, the analysis shows effect on the project completion date. The ground floor modifications
introduced by the Client had 13 Calendar days delay effect on the activities related to it.
2.03 Conclusion
As such, the contractor can be entitled to 13 Calendar days extension of time on account of
conceptual design change of ground floor
Page 23 of 48
2.04 References
Page 24 of 48
2.05 PMO’s Investigation and Understanding
On 17-Sep-2007 ****** submitted the required concept design for the ground and basement floors
as agreed during the progress meeting # 26, advising the contractor to issue the relevant shop
drawings for approvals.
On 19-Sep-07 ****** required some clarification regarding ground floor & basement concept
design.
On 22-Sep-07 ****** required additional information regarding ground floor & basement concept
design.
On 26-Sep-07 reply all contractor requirements regarding his previous two letters.
On 10-Dec-2007 PMO advised the contractors regarding ****** site visit agenda that will include
review and approve the space plan for the lobby/ground floor.
On 01-Jan-08 ****** instructed ****** to hire qualified Interior Designer to complete the ID
design of the ground floor.
On 30-Jan-08 ****** submitted architectural shop drawing schedule had shown a proposed date for
submitting ground floor details.
On 11-Mar-08 PMO sent a letter concerning the contractor’s shop drawing status and concerning
that affect the proposed completion date for the ground floor works.
Page 25 of 48
Case#3 – Revised Architectural Plan for Basement Floor
The contractor submitted a list of evidence for Basement Floor modification, without showing the
event effective date.
The Contractor didn’t submit any analysis regarding to revised architectural plan for basement
floor.
On 21-Jan-08 ****** received a revised architectural plan for basement floor from PMO.
As there is no updated program submitted by the contractor during this period, the contractor
generated a partial as-built schedule up to 1st Dec 07.
The partial as-built schedule updated 1st Dec. 07 is based on the last revised schedule submitted by
the contractor according to MOU with data date 23rd Aug. 07, wh****** projected finish date as of
31st Mar. 08
The contractor submitted partial as-built schedule (ASUP) up to date 01st Dec. 07 projected a finish
date of 09th Jul. 08.
PMO initiated an analysis to establish the effect of revised architectural plan for basement floor to
the progress of works. This is achieved through adding new activity regarding new basement floor
plan into the partial as-built schedule up to 01 December 2007. This activity was prepared by PMO
with the required durations and relationships.
The new activities added regarding revised basement floor are inserted into the partial as-built
schedule ASUP update of 01 December 2007.
The following Table 3.02.2(A) identifies the new activities with durations.
Table 3.02.2(A) List of New Activities Added Regarding revised basement floor plan
One activity was added to the program regarding revised basement floor drawing. Table 3.02.2(B)
shows the existing activity that was affected by the revised basement floor plan to the works.
Page 26 of 48
Table 3.02.2(B) List of Existing Activities Affected by revised basement floor plan
The new activity added regarding revised basement floor plan was inserted in programme (CLA3)
update as of 01 December 2007 and related to existing activity as follows in Table 3.02.2(C).
Table 3.02.2(C) List of New Activity Added Regarding revised basement floor plan and their
Relationships
ORIG
ACTIVITY DESCRIPTION
ACTIVITY ID DUR
EDSGF035 0
Revised Architectural Plan for Basement Floor
EDSGF025 0 SU FS 0 Arch. General Layout (Basement)
The following Table 3.02.2(D) indicates the status of the activity regarding revised basement floor
modification and those affected by it as of program CAL3 impacted (as built schedule) of 01
December 2007.
Table 3.02.2(D) list for status of new activity added regarding revised basement floor plan and
related existing activity
According to program ASUP, the original project completion date was 09 July 2008. The effect of
the primavera simulation analysis projected a new project completion date i.e. 15 July 2008.
Therefore, the analysis shows effect on the project completion date. The revised basement floor
plan introduced by the Client had 6 Calendar days delay effect on the activities related to it.
3.03 Conclusion
As such, the contractor can be entitled to 6 Calendar days extension of time on account of
Revised Architectural Plan for Basement Floor
Page 27 of 48
3.04 References
Page 28 of 48
3.05 PMO’s Investigation and Understanding
On 13th Aug 07, ****** submitted monetary analysis of variation order about stay bridge
modifications.
On 14th Sep 07, ****** submitted revised project schedule with assumed date of 15 Sep 07 as
milestone date to receive the conceptual design drawings for the first basement and ground floor.
On 17th Sep 07, ****** submitted a letter to ****** along with concept design for the ground and
basement floors.
On 13th Nov 07, PMO submitted comments about Master key schedule.
On 2nd Nov 07, ****** replied requiring a feedback from the hotel operator with regard to their
actual requirements.
On 8th Dec 07, ****** sent a letter to PMO objecting ****** behavior on site and doubting the
adherence of the finish date submitted by the contractor.
On 10th Dec 07, PMO sent a letter to ****** regarding ******'s letter reviewing methods to
overcome that mistrust.
On 16th Dec 07, PMO sent a letter to support ****** with clarified SBS's space requirements.
On 25th Dec 07, PMO required ****** to submit as soon as possible the required plan as it's part of
their scope of work.
On 15th Jan 08, PMO clarified to ****** points of discussion, and requested ****** to concentrate
its efforts to finish the required work.
On 20th Jan 07, PMO submitted the revised architectural plan for basement floor to reduce
demolishing and rebuilding works.
On 24th Jan 08, ****** noted that there's a change of the basement design and this will affect the
start of design works wh****** may affect the completion time for this variation.
On 28th Jan 08, PMO submitted the revised architectural plans and requested ****** to proceed
with the work on site and submit any cost and time impact.
On 6th May 08, PMO submitted payment certificate No.06 to be signed by ******.
Page 29 of 48
Case#4 – Providing of BMS specification
The contractor submitted a list of evidence for BMS claim for change in the specs, with a date of 04
Feb. 08 as the event effective date. (Date of getting PMO final approval of BMS transmittal
submitted by the contractor on 21 Jan. 08)
The Contractor added 7 new activities with excessive duration without any evidence to the partial
as-build schedule of 01 Dec. 07 along with two other Claims (FM200 & CCTV systems).
On 27-Nov-07 ****** received all BMS specs during BMS Meeting held in PMO office on 27th
Nov. 07, attended by PMO, SCG and ****** (as Contractor’s variation order submitted in 12 Dec.
07)
As there is no updated program submitted by the contractor during this period, the contractor
generated a partial as-built schedule up to 1st Dec. 07.
PMO used a partial as-built schedule updated 1 st Dec. 07 based on the last revised schedule
submitted by the contractor according to MOU with data date 23rd Aug. 07, wh****** projected
finish date as of 31st Mar. 08
The contractor submitted partial as built schedule (ASUP) up to date 01st Dec. 07 projected a finish
date of 09th Jul. 08.
PMO initiated an analysis to establish the effect of providing of BMS specification to the progress
of works. This is achieved through adding new activity regarding new BMS specification into the
partial as-built schedule up to 01 December 2007. This activity was prepared by PMO with the
required durations and relationships.
The new activities added regarding providing of BMS specification are inserted into the partial as-
built schedule ASUP update of 01 December 2007.
The following Table 4.02.2(A) identifies the new activities with durations.
Table 4.02.2(A) List of New Activities Added regarding providing of BMS specification
Page 30 of 48
Two activities were added to the program regarding late providing of BMS specification. Table
4.02.2(B) shows the existing activity that was affected by the providing of BMS specification to the
works.
Table 4.02.2(B) List of Existing Activities Affected by revised basement floor plan
The new activities added regarding providing of BMS specification was inserted in programme
(CLA4) update as of 01 December 2007 and related to existing activity as follows in Table
4.02.2(C).
Table 4.02.2(C) List of New Activities Added regarding providing of BMS specification and
their Relationships
ORIG
ACTIVITY DESCRIPTION
ACTIVITY ID DUR
PMSGE030 0 Providing BMS Specification
..PMSGE040 * 50 SU FS 0 Study & Prepare BMS submittal
The following Table 4.02.2(D) indicates the status of the activity regarding providing of BMS
specification and those affected by it as of program CAL4 impacted (as built schedule) of 01
December 2007.
Table 4.02.2(D) list for status of new activity added regarding providing of BMS specification
and related existing activity
Page 31 of 48
According to program ASUP, the original project completion date was 09 July 2008. The effect of
the primavera simulation analysis projected the same project completion date wh****** is 09 July
2008.
Therefore, the analysis shows no effect on the project completion date. The modifications of works
introduced by providing of BMS specification has no delay effect on the activities related to it.
4.03 Conclusion
As such, the contractor is not entitled to any extension of time on account of providing of
BMS specification
Page 32 of 48
4.04 References
Page 33 of 48
4.05 PMO’s Investigation and Understanding
on 10th Jul 07, ****** sent a letter referring to transmittal #73 that such instruction would have
cost and time impact and noting about some issues.
On 30th Aug 07, ****** submitted a letter clarifying the issue of stay bridge specifications.
On 10th Sep 07, ****** noted that the BMS were excluded from the scope of work and there were
no details in shop drawings and commenting about the existing BMS.
On 6th Dec 07, ****** submitted ****** comments during the site visit.
On 11th Dec 07, ****** submitted variation notification no.7 about replacing KW-Hour Meters
type.
On 16th Dec 07, PMO requested ****** to submit a rough estimate for the unofficial handed single
line/riser diagram of the SCG's proposed changes for the existing system.
Page 34 of 48
Case#5 – Providing Fire fighting system FM200 specification
The contractor submitted a list of evidence for new FM 200 system in the IT room in the ground
floor level, with a date of 01 March 08 as the event effective date. (Date of getting PMO final
approval on new FM 200 system transmittal - rev. 1 -submitted by the contractor on 25 Feb. 08)
The Contractor added Four new activities to the partial as-build schedule of 01 Dec. 07 along with
two other Claims (CCTV & BMS systems).
The Contractor estimated duration for new the activities are excessive duration without any
evidence
On 05-Apr-08 the contractor submitted a variation order no. 15; presenting that the reference of this
variation is PMO letter ref. PMO/******/******/07/072 dated 29-Nov-07. Where the contractor
asked for additional cost without time impact mentioned.
The contractor submitted partial as-built schedule (ASUP) up to date 01 st Dec. 07 wh******
projected finish date as of 09th Jul. 08.
PMO initiated an analysis to establish the effect of providing new FM 200 system work to the
progress of works. This is achieved through adding new activities regarding new FM 200 system
into the partial as-built schedule up to 01 December 2007. Those activities were prepared by PMO
with the required durations and relationships.
The new activities added regarding providing new FM 200 system is inserted into the partial as-
built schedule ASUP update of 01 December 2007.
The following Table 5.02.2(A) identifies the new activities with durations.
Page 35 of 48
Table 5.02.2(A) List of New Activities Added regarding providing new FM 200 system
Five activities were added to the program regarding providing new FM 200 system. Table 5.02.2(B)
shows the existing activities that were affected by providing new FM 200 system to the works.
Table 5.02.2(B) List of Existing Activities Affected by providing new FM 200 system
The new activities added regarding providing new FM 200 system were inserted in programme
(CLA5) update as of 01 December 2007 and related to existing activities as follows in Table
5.02.2(C).
Table 5.02.2(C) List of New Activities added by providing new FM 200 system and their
Relationships
ORIG
ACTIVITY DESCRIPTION
ACTIVITY ID DUR
GGNGS051 0 Providing FM 200 system
GGNGS036 28 SU FS 0 Submittal of FM 200 system
The following Table 5.02.2(D) indicates the status of the activities regarding providing new FM 200
system and those affected by it as of program CAL5 (impacted as built schedule) of 01 December
2007.
Page 36 of 48
Table 5.02.2(D) list for status of new activity added regarding providing new FM 200 system
and related existing activity
According to program ASUP, the original project completion date was 09 July 2008. The effect of
the primavera simulation analysis projected the same project completion date wh****** is 09 July
2008.
Therefore, the analysis shows no effect on the project completion date. The modifications of works
introduced by providing of new FM 200 system has no delay effect on the activities related to it.
5.03 Conclusion
As such, the contractor is not entitled to any extension of time on account providing Fire
fighting system FM200 specification
5.04 References
Page 37 of 48
1- ****** letter to ****** ref: ******/******Block/069 dated 10/7/2007
2- ****** letter to ****** ref: ******/******Block/123 dated 30/8/2007
3- Transmittal notice ref: ******/73 dated 23/9/2007
4- PMO letter to ****** ref: PMO/******/******/07/072 dated 29/11/2007
5- ****** letter to PMO ref: ******/******Block/0198 dated 6/12/2007
6- Transmittal ref: TS/******/MAT/MEP/108 dated 5/2/2008
7- Transmittal ref: TS/******/MAT/MEP/108 dated 25/2/2008
On 30th Aug 07, ****** submitted a letter clarifying the issue of stay bridge specifications.
On 29th Nov 07, PMO submitted a letter about a jointly study between PMO, ******, SCG and
******.
On 6th Dec 07, ****** submitted ****** comments during the site visit
On 5th Feb 08, Transmittal of FM200 System for IT Rooms was submitted.
On 25th Feb 08, Transmittal of FM200 System for IT Rooms was submitted.
Page 39 of 48
Case#6 – Change CCTV system specification
The contractor submitted a list of evidence for changing CCTV system from analogue to digital,
with a date of 08 May 08 as the event effective date. (Date of getting PMO final approval on new
CCTV system transmittal submitted by the contractor on 22 Apr. 08)
The Contractor added ten new activities to the as build schedule of 01 Dec. 07 along with two other
Claims (FM200 & BMS systems).
On 29-Nov-07 ****** was instructed to submit a complete study of replacing the ongoing analogue
system by digital system including cost and time study.
The Contractor estimated duration for new the activities are excessive duration without any
evidence
On 09-Apr-08 the contractor submitted a variation order no. 17; presenting that the reference of this
variation is PMO letter ref. PMO/******/******/07/072 dated 29-Nov-07. Where the contractor
asked for additional cost without time impact mentioned.
The contractor submitted partial as-built schedule (ASUP) up to date 01 st Dec. 07 wh******
projected finish date as of 09th Jul. 08.
PMO initiated an analysis to establish the effect of providing new CCTV specification (change to
the progress of work). This is achieved through adding new activities regarding new IP CCTV
system into the as built schedule up to 01 December 2007. Those activities were prepared by PMO
with the required durations and relationships.
The new activities added regarding change CCTV system is inserted into the partial as-built
schedule ASUP update of 01 December 2007.
The following Table 6.02.2(A) identifies the new activities with durations.
Table 6.02.2(A) List of New Activities Added regarding change CCTV system
Page 40 of 48
Two activities were added to the program regarding change CCTV system. Table 6.02.2(B) shows
the existing activities that were affected by the change CCTV system to the works.
The new activities added regarding change CCTV system were inserted in programme (CLA6)
update as of 01 December 2007 and related to existing activities as follows in Table 6.02.2(C).
Table 6.02.2(C) List of New Activities added the change CCTV system and their Relationships
ORIG
ACTIVITY DESCRIPTION
ACTIVITY ID DUR
PMSGE030 0 Providing IP CCTV new Specification
PMSGE040 50 SU FS 0 Study & Prepare IP CCTV new Specification
The following Table 6.02.2(D) indicates the status of the activities regarding change CCTV system
and those affected by it as of program CAL6 (impacted as built schedule) of 01 December 2007.
Table 6.02.2(D) list for status of new activity added regarding the change CCTV system and
related existing activity
According to program ASUP, the original project completion date was 09 July 2008. The effect of
the primavera simulation analysis projected a new project completion date i.e. 21 July 2008.
Page 41 of 48
Therefore, the analysis shows effect on the project completion date. The change CCTV system
introduced by the Client had 12 Calendar days delay effect on the activities related to it.
6.03 Conclusion
As such, the contractor can be entitled to 12 Calendar days extension of time on account of the
change CCTV system.
Page 42 of 48
6.04 References
Page 43 of 48
6.05 PMO’s Investigation and Understanding
On 17th June 07, a transmittal of galvanized steel EMT conduits & fittings was submitted.
On 10th Jul 07, ****** sent a letter referring to transmittal #73 that such instruction would have
cost and time impact and noting about some issues.
On 27th Aug 07, a transmittal of CCTV system and wiring was submitted.
On 30th Aug 07, ****** submitted a letter clarifying the issue of stay bridge specifications.
On 29th Nov 07, PMO submitted a letter about a jointly study between PMO, ******&SCG and
******.
On 6th Dec 07, ****** submitted ****** comments during the site visit.
On 3rd Feb 08, Transmittal of CCTV System and Security Alarm System were submitted.
On 31st March 07, Transmittal of CCTV System (amended as per consultant comments)
On 17th April 08, PMO sent to Intercontinental city stars SCG comments on the submitted technical
proposal, Riser diagram and console details.
On 22nd April 08, Transmittal of CCTV System and Wiring with attached BOQ, Catalogues and
Riser Diagram.
On 8th May 08, PMO sent a letter to with a copy of the previously submitted drawings and also the
distribution layout of the ground and basement 1 floors.
On 5th July 08, PMO sent to ****** with security requirements of stay bridge indicating gates and
road blockers and requesting ****** to provide some electrical provisions and also fixed
observation cameras.
Page 44 of 48
Part II: Reasons of delay occurred in the as-built schedule and its responsibility.
The Contractor’s as-built schedule has a finish date of 8 July 2008 instead of the project planned
finish date agreed on within the MOU of August 2007 wh****** is 31 March 2008.
Accordingly, PMO studied the reasons that the partial as-built schedule is already projecting a
delayed finish date prior to simulating any of the contractor’s submitted delay events.
PMO investigated all the project aspects and concluded that part of delay reasons are the following
activities wh****** are part of the engineering works activities that are concerned with the shop
drawings and materials submittals (contractor responsibility).
These activities were extracted from the MOU project schedule (1209).
These activities were selected with criteria that they had to be submitted within the period of
signing the MOU and the date of producing the partial as-built schedule.
The selected activities are divided into 2 sections, section 1 (*) is concerned with activities planned
to be submitted and actually have been submitted within the period of signing the MOU and the
partial as-built schedule data date. Section 2 is concerned with the whole of the selected activities.
Section 1 (*): PMO inserted the actual submission dates for the selected activities in the MOU
project schedule (1209) to simulate its impact on the schedule finish date.
The impacted finish date is 28th July 2008 instead of the 31st Mar 2008 wh****** is later than the
partial as-built finish date (8th July 2008) and later than the impacted finish date after introducing
the excusable delay events (table “A”) submitted by the contractor (22nd July 2008).
Section 2: PMO inserted the actual submission dates for all of the activities (table “B”) in the MOU
project schedule to simulate its impact on the schedule finish date.
The projected finish date is 5th March 2009 wh****** is later than the partial as-built finish date (8th
July 2008) and later than the submitted project finish date within the contractor total claim (1st
March 2009).
Page 45 of 48
Part III: Comparison between finish dates of the As-built and the MOU schedule.
PMO also reviewed the activities of the submitted partial as-built schedule (ASUP) and noticed that
there are several delays that are attributable only to the contractor for example but not limited to the
following:
1- Activities concerning 10th to 13th floors were delayed from Jan 31st, 2008 till May 10th, 2008.
2- All HVAC and plumbing activities in all floors are delayed as they have an actual 0%
achievement compared to a planned 100%.
3- All engineering activities are on delay.
4- Construction activities in the 13th floor show delay from 31-3-08 till 26-5-08
5- Construction activities in the 12th floor show delay from 31-3-08 till 27-5-08
6- Construction activities in the 11th floor show delay from 31-3-08 till 27-5-08
7- Construction activities in the 10th floor show delay from 31-3-08 till 27-5-08
8- The above mentioned floors from 10th to 13th are submitted in the schedule to be having a
planned finish date of 31-3-08 instead of the planned finish date agreed on in the MOU
project schedule (1209) of 31-1-08.
Section VI
Page 46 of 48
Findings & Conclusion
Findings
The Project period is 10 months beginning from Feb. 2007 till Dec. 2007, on Oct. 2007 a
Memorandum of Understanding MOU was signed between the Client and the Contractor to modify
the finish date to be on the 31st of January 2008 for floors from 10th to 13th floors and the 31st March
2008 for the rest of the building, this has been included in the MOU project schedule (1209).
PMO, in light of the submitted partial as-built schedule and without considering the delay period
generated in the submitted as-built, studied and reviewed the delay events submitted by the
contractor.
PMO used the partial as-built schedule (ASUP) as submitted by the contractor and simulated the 6
delay events as in the previous section; the analysis showed effects on the schedule and projected a
finish date of 16 August 2008 instead of the as-built end date of 09 July 2008.
The delay period is 39 days.
Table “A” shows the effect of the contractor delay events on the partial as-built schedule up to
1st Dec 2007 as follows:
Effective Delay
Case Case Description
Date Duration
Conclusion
Accordingly and without prejudice to the said arguments concerning the submitted MOU project
schedule and the partial As-built schedule, PMO finds that the Contractor can be entitled to 39 days
extension of time.
However, PMO could not grant the contractor a period of extension of time as the review of the
submitted schedule shows that there may be concurrency between delays attributed to the Client
with those attributed to the contractor.
Such concurrency can be determined by studying the project as-built schedule that can be submitted
by the contractor in order to provide PMO with proper information to determine and decide any due
extension of time and responsibilities of delays.
References:
****** letter to PMO ref: ******/******Block/007 dated 21st March 07
Page 47 of 48
PMO transmittal to ****** ref: TN/******/07/******/005 dated 22nd March 07
****** letter to PMO ref: ******/******Block/138 dated 14th Sep 07
****** letter to PMO ref: ******/******Block/159 dated 4th Oct 07
****** letter to PMO ref: ******/******Block/0212 dated 17th Dec 07
PMO Transmittal to ****** ref: TN/******/07/******/050 dated 24th Dec 07
****** letter to PMO ref: ******/******Block/0230 dated 17th Jan 08
PMO letter to ****** ref: PMO/******/******/08/022 dated 20th Jan 08
****** letter to PMO ref: ******/******Block/0244 dated 26th Jan 08
****** letter to PMO ref: ******/******Block/0256 dated 3rd Feb 08
****** letter to PMO ref: ******/******Block/0259 dated 4th Feb 08
PMO letter to ****** ref: PMO/******/******/08/050 dated 7th Feb 08
PMO letter to ****** ref: PMO/******/******/08/058 dated 10th Feb 08
PMO letter to ****** ref: PMO/******/******/08/0 dated 21st Feb 08
PMO letter to ****** ref: PMO/******/******/08/078 dated 23rd Feb 2008
****** letter to PMO ref: ******/******Block/0282 dated 25th Feb 08.
PMO letter to ****** ref: PMO/******/******/03-08/100 dated 2ndMarch 08
PMO letter to ****** ref: PMO/******/******/03-08/106 dated 3rd March 08
Page 48 of 48