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Clause 43 - 95% Contract Completion

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Clause 43 - 95% Contract Completion

Post by amoresmanuel on Fri Jul 27, 2012 4:33 pm

Please clarify me as to the rationale or intent of the phrase "[b]..... considering the approved remaining contract time." as specified in Clause 43 - Contract Completion of Section IV - General Conditions of the Contract.

Does it mean that we still have to consider the remaining contract time in the specific duration/time to fully complete the project? In what kind of consideration?

Supposing that the remaining contract time is 30 cal. days while the agreed duration/time to fully complete the project is 60 cal. days. What will be the Intended Completion Date of the contract? Is it still the remaining 30 CD or the agreed 60 CD to fully complete the project?

When is the Liquidated Damages be imposed?

Manuel Amores

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Re: Clause 43 - 95% Contract Completion

Post by elib on Mon Jul 30, 2012 11:00 am

Hi Manuel,

I am not the expert here, as this is my first post in this forum. My view in the questions you have raised is this, a contractor is not restricted for an early completion (duration < 60CD), As long he/she delivers all the scope of works that fit to the agreed quality and on agreed cost. On the other hand he/she may only be permitted to work beyond the agreddd completion date (duration>60CD) by levying/imposing the liquidatedat acertained damages by the owner/client.

Hope this helps.

Cheers.

elib
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Re: Clause 43 - 95% Contract Completion

Post by amoresmanuel on Mon Jul 30, 2012 1:49 pm

thanks elib772706 for the opinion.

But my query is: What will be the contract terminal date upon reaching the 95% accomplishment?

Is it still the original terminal date? or the agreed duration/time to fully complete the project upon reaching the 95% completion?

When is the imposition of Liquidated Damages?

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Re: Clause 43 - 95% Contract Completion

Post by regina avelino on Mon Jul 30, 2012 2:55 pm

amoresmanuel wrote:Please clarify me as to the rationale or intent of the phrase "[b]..... considering the approved remaining contract time." as specified in Clause 43 - Contract Completion of Section IV - General Conditions of the Contract.

Does it mean that we still have to consider the remaining contract time in the specific duration/time to fully complete the project? In what kind of consideration?

Supposing that the remaining contract time is 30 cal. days while the agreed duration/time to fully complete the project is 60 cal. days. What will be the Intended Completion Date of the contract? Is it still the remaining 30 CD or the agreed 60 CD to fully complete the project?

When is the Liquidated Damages be imposed?

If the project is 95% of the total ABC, the Procuring Entity may conduct initial
inspection and prepare and submit punchlist to the contractor before the final turnover of the
project. The punch-list contains, the remaining works, deficiencies requiring corrections and the remaining time to fully accomplish the project considering the approved remaining contract time of the INTENDED COMPLETION DATE which is specifically identified in the Special Condition of the Conract when should the contractor is required/expected to complete the infra-project. To answer your first question, it is the punchlist that the procuring entity will consider in connection with the intended completion date. Is the contractor able to finish the project on time based on the pending works as specified in the punchlisting? Will the procuring entity requires/informs the contractor to accelerate the works as the latter may not be able to complete it on time? This are the things that the PE must look into.

On your second question, the INTENDED COMPLETION DATE is at the end of the 60cd based on your example.

On your last question, you have to differentiate what is INTENDED COMPLETION DATE and COMPLETION DATE. INTENDED COMPLETION DATE is the expected date the the project is completed as per SCC. For example, if the project started January 1 and the project duration is 60cd, then the intended completion date is March 1 or March 2. Completion date is the ACTUAL completion of the project. This will be indicated on the Certificate of Completion issued by the Procuring Entity say, March 1 or March 2 which is also the intended completion date. Now, when should liquidation be computed. If the COMPLETION DATE is later that the INTENDED COMPLETION DATE, then the Procuring Entity should compute this. If the COMPLETIION DATE is April 1 but the INTENDED COMPLETION DATE IS March 2 as per example above, then liquidated damages should be computed from March 3 up to April 1.

Hope i got your query right.




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