案例 / 计划与控制
计划与控制

按AS 4000索赔extension of time

在起因出现即刻发出notice of delay,在延误发生期间逐日记录,在进度计划上展示而不是仅仅口头主张,在条款允许的期限内提出索赔,单独为延误成本计价,并记录practical completion的新日期。

7 个步骤18 分钟总承包商专业分包商项目/施工管理公司造价咨询 / 工料测量顾问

运作方式,逐步说明

贯穿平台的 7 个步骤 - 每一步做什么,以及为什么重要。

1

Give the notice of delay as soon as the cause appears

往来函件

Send the notice as soon as you become aware of anything likely to delay the work, naming the cause and its likely effect, addressed to the Superintendent and recorded in the correspondence register with the date and the way it was sent. Do not wait until the delay can be quantified.

原因: The early notice exists so the Superintendent can do something about the cause while it is still cheap, which is why the clause asks for it before anyone knows how long the delay will be. A notice sent when the contractor finally has the numbers is a notice sent after the only moment it could have been acted on, and it invites the answer that the delay could have been mitigated.

输入Event likely to cause delayDate you became aware成果Notice of delay servedDate and manner of service
2

Record the delay while it is happening

施工日志

Keep the daily record through the delay: which activities could not proceed, which crews and plant were standing, what work was moved forward instead, and the weather where the claim is a wet weather claim. Record the days the site could not work, not just the days it rained.

原因: A wet weather claim is refused more often for measuring the wrong thing than for being untrue. Rainfall from the nearest station proves it rained; the diary proves the excavation could not be worked, which is the fact the claim is actually about, and it can only be written on the day.

输入What happened on site each dayWeather and lost days成果Day by day recordResources standing by
3

Show the delay on the programme, not in a sentence

4D 进度

Take the programme as it stood before the event, insert the delay where it actually landed, and read off what it does to the critical path and to the date for practical completion. Keep both versions so the difference between them is the claim.

原因: An extension is owed for delay to the work as a whole, so a fortnight lost on an activity carrying three weeks of float earns nothing however real the disruption was. The programme is the only place that distinction can be shown, and showing it is also the fastest way to find out that a claim you were about to spend a month on is not there.

输入Programme before the delayDay by day record成果Delay shown on the programmeEffect on the critical path
4

Lodge the claim with the cause tied to the effect

索赔证据

Assemble the claim as one pack: the qualifying cause, the facts that establish it, the programme showing what it delayed and the number of days sought. Under AS 4000 the claim must be made within twenty eight days of when the contractor should reasonably have become aware of the causation of the delay, and the Annexure can make that period shorter.

原因: Assessors reject extension claims on the join rather than on the parts. A cause everyone accepts and a programme everyone accepts still fail when nothing in between says which activity this event stopped on which day. Assembling the pack in one place is what forces that link to be made while the evidence to make it still exists.

输入Delay shown on the programmeRecords supporting the cause成果Extension of time claimCause, effect and evidence together
5

Watch the windows the clause and the Annexure set

截止日期

Put the claim window and the period the Superintendent has to assess it under watch, taking the lengths from the Annexure rather than from the printed default, and let each one warn before it lands.

原因: Both sides of this clause run on dates that nobody rereads once the job is busy. A claim lodged a day late is barred, and a Superintendent who lets the assessment period pass without a decision leaves the contractor an argument it would not otherwise have had. Either way the date decides, and the date is in the Annexure.

输入Extension of time claimPeriods from the Annexure成果Claim and response dates watchedWarning before each date
6

Price the time separately from the entitlement to it

财务

Work out what the extended period costs from the time related preliminaries the job actually carries, site staff, accommodation, standing plant, scaffold hire and site running costs, and separate the days that carry delay damages from the days that only move the date.

原因: An extension of time protects the contractor from liquidated damages and does not, by itself, pay for anything. Whether the days are also compensable depends on which cause they came from, so a claim that runs the two together invites a refusal of both, and a contractor who assumed the time came with money has already spent it.

输入Days of extension grantedTime related site costs成果Delay costs pricedCompensable time separated
7

Record the new date everything else counts from

合同

Post the determination against the contract so the date for practical completion moves, and keep the trail of the days claimed, the days granted and the days still in dispute beside it.

原因: The date for practical completion is the date liquidated damages run from, the date the defects liability period is measured from and the date the security reduction hangs on, so an extension that is granted and never recorded leaves three other things wrong. It is also the number a principal will assume was never granted once the people who remember have left the job.

输入Superintendent's determinationDate for practical completion成果New date on the contractLiquidated damages reset
模块

此方案使用的模块

190 个平台模块中的 7

The market this case is written for

澳大利亚

Everything in this case follows how construction work is measured, priced and paid for in this market. The forms, the cost breakdown and the payment rules are the ones used there, not a generic version of them.

Standards it follows

  • AS 4000
  • Security of Payment Act

You do not have to set any of that up by hand. The first time you open the platform it asks which market you work in. Choose this one and it sets the interface language, loads the matching cost database and records the cost classification, and it adds an example project you can open straight away.

The rule checks for this market come with the platform too. Switch them on once and an estimate that misses something the market expects is flagged while you are still working on it, not after the tender has gone out.

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