Determination of EoT Claim

Determination
for
Extension of Time
Claim
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Determination for the Claim of Extension of Time
Section I Introduction “The Contract and the Claim”.......................................... 02
Section II Background of the claim........................................................................... 03
Section III Contract clauses relevant to delay........................................................... 04
Section IV Planning & Program................................................................................. 07

The MOU Base Line Schedule (1209)……………………………………. 08
The partial as build schedule up to date 01 Dec. 07 (ASUP)……………… 10
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
Section VI Findings & Conclusion................................................................................ 47
Section VII References.................................................................................................... 48
Appendices
Appendix 1 References
Page 1 of 48
Section I
Introduction
The contract was signed between Company1 incorporated under the laws of Egypt, and Contractor
as a contractor who has shown interest to perform the modeling of part of block including design &
engineering, architectural and civil finishes and MEP works at project at Heliopolis, 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
which 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 which 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 block, 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 which 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 which 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 which 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
Clause 14.1 Program to be submitted
• 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 which 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.
Clause 14.3 Cash flow Estimate to be submitted

The contractor, shall, within 30 days after the signing of the agreement, provide to the project
manager for his information a detailed cash flow estimate based upon the programme described in
clause 14.1 (a) hereof, in monthly periods, with a schedule giving the monetary value of each
activity in a manner that the sum of the values shall total to the contract amount and all payments to
which the contractor will be entitled under the contract. The contractor shall subsequently submit
revised cash flow estimates at monthly intervals, if required to do so by the project manager.
Clause 14.4: contractor not relieved of duties or responsibilities

The submission to and consent by the Project Manager of such programmes or the provision of such
general description or cash flow estimates shall not relieve the contractor of any of his duties or
responsibilities under the contract.
Add the following Clause 14.5 Progress Reports

Contractor shall submit a monthly progress report at the end of each month following the notice to
proceed. This narrative report shall describe progress of the work, problems and proposed
corrective action and work status. This report shall be accompanied by an updated schedule with the
contractor's interim application for payment.
Contractor shall also submit the following:

• Daily report containing the actual resource on site (no. of labors, equipment & material
stored on site) and ongoing work running onsite.
• Weekly report showing the actual resource quantities against planned for all resources and
project key indicator, including three weeks look ahead schedule (one week before and two
weeks ahead) for the work on site.
Clause 43.1 Times for Completion

“Time is the essence of the contract. the whole of the works as mentioned in the contract agreement
are required to be completed in all aspects and in accordance with the provisions of clause 48 within
the time stipulated therein and calculated from the effective date of the contract agreement and
indicated in the appendix enclosed . The time for completion includes Fridays, public holidays and
shortened working hours during the holy month of Ramadan”
Clause 44.1 Extension of Time for Completion

Delete “Engineer” and substitute “Project Manager”
Add in clause 44.1 a) “Excepting the varied work instructed to be to be carried out through day
work “.
Clause 44.2: Contractor to provide Notification and Detailed Particulars

Provided that the Project Manager is not bound to make any determination unless the contractor
has:
a) Within 7 days after such event has first arisen notified the Project Manager with copy to the
employer , and
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
Page 5 of 48
time to which he may consider himself entitled in order that such submission maybe
investigated at the time.
Clause 47.1: Liquidated Damages for Delay

The contractor recognizes and agrees that the time is the essence of this agreement in completing
the works and also recognizes that damages shall result from failure to meet the schedule set forth
in the contract agreement.
Clause 53.1: Notice of Claims

Notwithstanding any other provision of the contract, if the contractor intends to claim any
additional payment pursuant to any clause of these conditions or otherwise, he shall give notice of
his intention to the Project Manager, with a copy to the employer, within 7 days after the event
giving rise to the claim has first arisen.
Clause 53.2: Contemporary Records

Upon the happening of the event referred to sub-clause 53.1, the contractor shall keep such
contemporary records as may reasonably be necessary to support any claim he may subsequently
wish to make. Without necessarily admitting the employer's liability, the Project Manager shall, on
receipt of a notice under sub-clause 53.1, inspect such contemporary records and may instruct the
contractor to keep any further contemporary records as are reasonable and maybe material to the
claim of which notice has been given. The contractor shall permit the Project Manager to inspect all
records kept pursuant to this sub-clause and shall supply him with copies thereof as and when the
Project Manager so instructs.
Clause 53.4: Failure to Comply

If the contractor fails to comply with any of the provisions of this clause in respect of an claim
which seeks to make, his entitlement to payment in respect thereof shall not exceed such amount as
the Project Manager or any arbitrator or arbitrators appointed pursuant to sub-clause 67.3 assessing
the claim considers to be verified by contemporary records (whether or not such records were
brought to the Project Manager's notice as required under sub-clause 53.2 and 53.3)
Clause 53.5: Payment of Claims

The contractor shall be entitled to have included in any interim payment certified by the Project
Manager pursuant to clause 60 such amount in respect of any claim as the Project Manager, after
due consultation with the employer and the contractor, may consider due to the contractor provided
that the contractor has supplied sufficient particulars to enable the engineer to determine the amount
due. If such particulars are insufficient to substantiate the whole of the claim. The contractor shall
be entitled to payment in respect of such part of the claim as such particulars may substantiate to the
satisfaction of the Project Manager. The Project Manager shall notify the contractor of any
determination made under this sub-clause, with a copy to the employer.
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 which in which 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, Siemens submitted the project schedule and milestones payment.
• The PMO forwarded the schedule along with a transmittal to GPP 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, Siemens 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, Siemens submitted the mock up#2, 3 updated schedules.
• On 22nd Dec 07, Siemens submitted work schedule for floors 10th to 14th.
• On 17th Jan 08, Siemens submitted a crash schedule for A7 Block (floors 10th to 14th )
• On 20th Jan 08, PMO approved the crash schedule submitted by Siemens but with
comments.
• On 27th July 08, Siemens submitted detail schedule of floors 10th to 14th
• On 3rd Feb 08, Siemens submitted overall crash schedule.
• On 4th Feb 08, Siemens submitted an updated time schedule (10th to14th floors) and
allocated resources.
• On 7th Feb 08, PMO approved the overall time schedule for A7 Block and requesting
Siemens to resubmit the schedule considering the mentioned comments.
• On 14th Feb 08, Siemens submitted a crash schedule projected a finish date as of 40 Apr. 08
• On 24rd Feb 08 PMO noted that the updated schedule which 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 Siemens didn’t
substantiate modifications required by the employer.
• On 25th Feb 08, Siemens 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 Siemens 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:
Activity Activity Orig % Early Early SUBT

RemTotal 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
General
+ General
335 41 07MAR 07A 31MAR 08 0
Engineering
+ Design Submittals
229 0 15MAR 07A 06DEC 07 0
+ Design Approval
236 77 15MAR 07A 15DEC 07 0
+ Shop Drawings Submittals

231 0 13APR 07A 07JAN 08 0
+ Shop Drawings Approval

239 70 12APR 07A 15JAN 08 0
Procurements
+ Material Submittals
225 60 22MAR 07A 09DEC 07 0
+ Material Approval
233 68 21MAR 07A 17DEC 07 0
+ Material PO, Fabrication & Delivery

312 49 26MAR 07A 23MAR 08 0
Constructions
+ 13th Floor
327 34 17MAR 07A 31MAR 08 0
+ 12th Floor
321 27 24MAR 07A 31MAR 08 0
+ 11th Floor
327 26 17MAR 07A 31MAR 08 0
+ 10th Floor
321 24 24MAR 07A 31MAR 08 0
+ 9th Floor
321 21 24MAR 07A 31MAR 08 0
Sta r t Date 07MAR 07 Sheet 1 of 2

Fin ish D ate 31MAR 08
1209
Data D ate 23AUG07 Golden Pyramids Plaza Co. "GPP" Date Revision Checked Approved
Run Date 22JAN 09 10:41 Package TP 71 09JUN07 Revision 1
Revised Schedule
Updated 22 08 2007
© Primavera Systems, Inc.
Page 8 of 48
Activity Activity Orig % Early Early SUBT

RemTotal 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 31MAR 07A 31MAR 08 0
+ 7th Floor
315 17 31MAR 07A 31MAR 08 0
+ 6th Floor
315 10 31MAR 07A 31MAR 08 0
+ 5th Floor
315 12 31MAR 07A 31MAR 08 0
+ 14th Floor
303 5 14APR 07A 31MAR 08 0
+ 15th Floor
303 9 14APR 07A 31MAR 08 0
+ 16th Floor
303 2 14APR 07A 31MAR 08 0
+ 17th Floor
303 2 14APR 07A 31MAR 08 0
+ Ground Floor
241 1 17JUN 07A 23MAR 08 7
+ Roof
85 0 12DEC 07 19MAR 08 10
+ Basement Floor
150 0 09OC T07 31MAR 08 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 which is 31 March 2008.
Activity Activity Orig % Target Target Early Early SUBT

RemTotal 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
General
+ General
420 41 07MAR 07 01APR 08 07MAR 07A 08J UL08 -85
Engineering
+ Design Submittals
229 0 06DEC 07 15MAR 07A 06DEC 07 0
+ Design Approval
236 79 15MAR 07 15DEC 07 15MAR 07A 15DEC 07 0
+ Shop Drawings Submittals

245 0 07J AN 08 13APR 07A 23J AN 08 -14
+ Shop Drawings Approval

253 85 12APR 07 15J AN 08 12APR 07A 31J AN 08 -14
Procurements
+ Material Submittals
236 60 11J UL07 09DEC 07 22MAR 07A 22DEC 07 -11
+ Material Approval
249 76 21MAR 07 17DEC 07 21MAR 07A 05J AN 08 -16
+ Material PO, Fabrication & Delivery

361 48 26MAR 07 23MAR 08 26MAR 07A 19MAY08 -49
Sta r t Date 07MAR 07 Sheet 1 of 3

Fin is h D ate 08J UL08
ASUP
Data D ate 01DEC 07 Golden Pyramids Plaza Co. "GPP" Date Revi sion Chec ked Approved
Run Date 22J AN 09 13:04 Package TP 71 09JUN07 Revi sion 1
Revised Schedule
Updated 22 08 2007
© Primavera Sys tems , Inc .
Page 10 of 48
Act ivity Act ivity Orig % Target Target Early Early SUBT
RemTotal NOV DEC JAN FEB MAR APR MAY JUN JUL
9 10 11 12 13 14 15 16 17
Constructions
+ 13th Floor
375 45 17MAR 07 31MAR 08 17MAR 07A 26MAY08 -48
+ 12th Floor
370 40 24MAR 07 31MAR 08 24MAR 07A 27MAY08 -49
+ 11th Floor
376 39 17MAR 07 31MAR 08 17MAR 07A 27MAY08 -49
+ 10th Floor
370 28 24MAR 07 31MAR 08 24MAR 07A 27MAY08 -49
+ 9th Floor
385 26 24MAR 07 31MAR 08 24MAR 07A 14J UN 08 -64
+ 8th Floor
390 22 31MAR 07 31MAR 08 31MAR 07A 26J UN 08 -75
+ 7th Floor
388 23 31MAR 07 31MAR 08 31MAR 07A 24J UN 08 -73
+ 6th Floor
389 17 31MAR 07 31MAR 08 31MAR 07A 25J UN 08 -74
+ 5th Floor
382 14 31MAR 07 31MAR 08 31MAR 07A 17J UN 08 -67
+ 14th Floor
367 9 14APR 07 31MAR 08 14APR 07A 14J UN 08 -64
Star t Date 07MAR 07 Sheet 2 of 3

Finis h D ate 08J UL08
ASUP
Run Date 22J AN 09 13:04 Package TP 71 09JU N07 Revi sion 1
Revised Schedule
Updated 22 08 2007
© Primavera Sys tems , Inc .
Act ivity Act ivity 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
+ 15th Floor
370 15 14APR 07 31MAR 08 14APR 07A 17J UN 08 -67
+ 16th Floor
365 3 14APR 07 31MAR 08 14APR 07A 11J UN 08 -62
+ 17th Floor
377 4 14APR 07 31MAR 08 14APR 07A 25J UN 08 -74
+ Ground Floor
326 1 17J UN 07 23MAR 08 17J UN 07A 30J UN 08 -78
+ Roof
86 0 12DEC 07 19MAR 08 31J AN 08 10MAY08 -34
+ Basement Floor
189 0 09OC T07 31MAR 08 29NO V07A 06J UL08 2
Star t Date 07MAR 07 Sheet 3 of 3

Finis h D ate 08J UL08
ASUP
Run Date 22J AN 09 13:04 Package TP 71 09JU N07 Revi sion 1
Revised Schedule
Updated 22 08 2007
© Prim avera Sys tems , Inc .
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.
Part I: Analysis of the Contractor’s submitted delay events.
Analysis with respect to the individual events is as follows:-
Case#1 – Integrated Kitchen Cabinet and Marble
1.01. Summary of Contractor’s Claim
The contractor submitted a list of evidence for Integrated Kitchen Cabinet Chronology shown the
event effective date was 13 December 07 (according to ICH 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.
1.02.1 PMO’s Observation and Review
On 24-Nov-07 PMO confirmed the official comments carried out by SBC for ICH 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 23rd Aug. 07, which
projected finish date as of 31st Mar. 08
The contractor submitted partial as-built schedule (ASUP) up to date 01st Dec. 07 which projected
finish date as of 09th Jul. 08.
1.02.2 PMO’s Approach and Analysis
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 GPP letter ref. (GPP/HM/Siemens/1.08/092), the contractor’s claimed
effective date as of 13-Dec-07 which 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
Activity ID Activity description Original Early start Early finish

duration
GGNGG023 Approval on integrated kitchen 0 13DEC07*
GGNGG083 Equipment transmittal 0 13DEC07
GGNGG033 Shop drawing submittal 12 13DEC07 26DEC07
GGNGG043 Shop drawing approval 6 27DEC07 02JAN08
GGNGG093 Equipment Approval 0 21JAN08*
GGNGG053 Integrated kitchen furniture @ site 90 03JAN08 16APR08
GGNGG103 Integrated Kitchen Equipment @ site 102 22JAN08 19MAY08
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
Activity ID Activity description Original Planned Planned

duration early start early finish
C13KE002 Electrical Embedded Conduits Installation 15 30APR07A 18AUG07A
C13KM330 Kitchen Equipments Installation 15 15AUG07A 14APR08
C13KM017 UPVC Pipes Installation 8 01MAY07A 23DEC07
C12KE002 Electrical Embedded Conduits Installation 15 24JUN07A 15SEP07A
C12KM330 Kitchen Equipments Installation 15 02APR08 19APR08
C12KM017 UPVC Pipes Installation 8 01JUL07A 02DEC07
C11KE002 Electrical Embedded Conduits Installation 15 26JUN07A 01DEC07
C10KE002 Electrical Embedded Conduits Installation 15 27JUN07A 05JAN08
C09KE002 Electrical Embedded Conduits Installation 15 21JUL07A 16JAN08
C09KM330 Kitchen Equipments Installation 15 11MAY08 27MAY08
C09KM017 UPVC Pipes Installation 8 04AUG07A 06DEC07
C08KM330 Kitchen Equipments Installation 15 20MAY08 05JUN08
C06KM017 UPVC Pipes Installation 8 24DEC07 01JAN08
C05KM017 UPVC Pipes Installation 8 04DEC07 12DEC07
C15KM330 Kitchen Equipments Installation 15 20APR08 06MAY08
Page 14 of 48
Activity ID Activity description Original Planned Planned

duration early start early finish
C16KM330 Kitchen Equipments Installation 15 21APR08 07MAY08
C16KM017 UPVC Pipes Installation 8 31DEC07 08JAN08
C17KM017 UPVC Pipes Installation 8 23JAN08 31JAN08
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
ACTIVITY ID ORIG DUR ACTIVITY DESCRIPTION

GGNGG023 0 Approval on integrated kitchen
..GGNGG033 * 12 SU Shop drawing submittal
..GGNGG083 * 0 SU Equipment transmittal
GGNGG033 12 Shop drawing submittal

..GGNGG043 * 6 SU Shop drawing approval
GGNGG083 0 Equipment transmittal

..GGNGG093 0 SU Equipment Approval
GGNGG043 6 Shop drawing approval

..C05KM017 * 8 SU FF 12 UPVC Pipes Installation
..C09KE002 15 SU FF 12 Electrical Embedded Conduits Installation
..C10KE002 * 15 SU FF 12 Electrical Embedded Conduits Installation
..C16KM017 8 SU FF 12 UPVC Pipes Installation
..C17KM017 8 SU FF 12 UPVC Pipes Installation
..GGNGG053 * 90 SU Integrated kitchen furniture @ site
Page 15 of 48
ACTIVITY ID ORIG DUR ACTIVITY DESCRIPTION

GGNGG053 90 Integrated kitchen furniture @ site
..C13KM330 15 SU Kitchen Equipments Installation
GGNGG093 0 Equipment Approval

..GGNGG103 * 102 SU Integrated Kitchen Equipment @ site
GGNGG103 102 Integrated Kitchen Equipment @ Site

..C05KM330 * 15 SU Kitchen Equipments Installation
..C09KM330 15 SU FF 0 Kitchen Equipments Installation
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
Activity ID Activity description Original Early start Early finish Total

duration float
GGNGG023 Approval on integrated kitchen 0 13DEC07* -115
GGNGG083 Equipment transmittal 0 15DEC07 -90
GGNGG033 Shop drawing submittal 12 15DEC07 27DEC07 -115
GGNGG043 Shop drawing approval 6 29DEC07 03JAN08 -115
GGNGG093 Equipment Approval 0 21JAN08* -123
GGNGG053 Integrated kitchen furniture @ site 90 05JAN08 17APR08 -94
GGNGG103 Integrated Kitchen Equipment @ site 102 22JAN08 19MAY08 -123
C13KE002 Electrical Embedded Conduits 15 30APR07A 18AUG07A
Installation
C13KM330 Kitchen Equipments Installation 15 15AUG07A 03JUN08 -121
C13KM017 UPVC Pipes Installation 8 01MAY07A 13JAN08 -80
C12KE002 Electrical Embedded Conduits 15 24JUN07A 15SEP07A
Installation
C12KM330 Kitchen Equipments Installation 15 20MAY08 05JUN08 -123
C12KM017 UPVC Pipes Installation 8 01JUL07A 13JAN08 -50
C11KE002 Electrical Embedded Conduits 15 26JUN07A 06JAN08 -115
Installation
Page 16 of 48

duration float
C10KE002 Electrical Embedded Conduits 15 27JUN07A 06JAN08 -85
Installation
C09KE002 Electrical Embedded Conduits 15 21JUL07A 16JAN08 2
Installation
C09KM330 Kitchen Equipments Installation 15 11MAY08 27MAY08 2
C09KM017 UPVC Pipes Installation 8 04AUG07A 13JAN08 63
C08KM330 Kitchen Equipments Installation 15 20MAY08 05JUN08 4
C06KM017 UPVC Pipes Installation 8 05JAN08 13JAN08 81
C15KM017 UPVC Pipes Installation 8 26DEC07 03JAN08 84
C16KM017 UPVC Pipes Installation 8 31DEC07 08JAN08 86
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 which 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.
Page 17 of 48
1.04 References
1- SIEMENS transmittal to GPP ref. TS/TP71/MAT/FW/006 dated 03-May-2007.

& PMO Reply dated 23-May-2007.
2- SIEMENS letter to GPP ref. GPP_A7 Block_081 dated 16 July 2007.
3- MOM for Progress meeting No. 21 dated 09 Aug. 2007.
4- GPP letter to SIEMENS ref. GPP/HM/Siemens/8.07/047 dated 12 Aug. 2007
5- MOM for Progress meeting No. 22 dated 19 Aug. 2007.
6- MOM for Progress meeting No. 31 dated 22 Oct. 2007.
7- SIEMENS letter to PMO ref. GPP_A7 Block_179 dated 14-Nov-07.
8- SIEMENS letter to PMO ref. GPP_A7 Block_0183 dated 18-Nov-07.
9- PMO letter to SIEMENS ref. PMO/Siemens/TP71/07/067 dated 24-Nov-07.
10- SIEMENS transmittal to GPP ref. TS/TP71/MAT/FW/007 dated 20-Jan-2008.
& PMO Reply dated 21-Jan-2008.
11- GPP letter to SIEMENS ref. GPP/HM/Siemens/1.08/092 dated 19 Jan. 2008
12- SIEMENS transmittal to GPP ref. TS/TP71/ARCH/D058 dated 28-Jan-2008.
& PMO Reply dated 09-Feb-2008.
13- Contract agreement for Kitchen wooden works dated 04-Feb-08
14- SIEMENS transmittal to PMO ref. TS/TP71/ARCH/D057 Rev. 1 dated 07-Feb-2008 &
PMO Reply dated 10-Feb-2008.
15- SIEMENS transmittal to GPP ref. TS/TP71/MAT/FW/007 Rev. B, dated 10-Feb-2008 &
PMO Reply dated 11-Feb-2008.
16- SIEMENS transmittal to PMO ref. MIR/TP71/civil/033 Rev. 0, dated 02-Mar-2008 & PMO
Reply dated 04-Mar-2008.
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 Siemens mentioned GPP 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 GPP requested that one of the other two
mock-ups to have integrated kitchen
On 12-Aug-2007 GPP 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, GPP raised their concern about the mock-up
kitchen and requested Siemens not to proceed without approved shop drawings for the kitchen.
A progress meeting No. 31 was held on 22-Oct-07, where Siemens confirmed the installation of the
integrated kitchen and ready for inspection, which was rejected by GPP asking to provide shop
drawings for approval.
On 14-Nov-07 Siemens informed that ICH visit to mock-up rooms on 7 & 8 Nov. 2007, mentioning
their comments that kitchen to be gloss white.
On 18-Nov-07 Siemens 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 ICH site visit in 7 & 8
Nov. 07
On 19-Jan-08 GPP 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 Siemens regarding wooden kitchen equipment were
approved and returned back to the Contractor on 21-Jan-08.
On 28-Jan-08 Transmittal submitted by the Siemens regarding wooden kitchen - Joinery details
were rejected, returned back to the Contractor on 05-Feb-08.
On 09-Feb-08 Transmittal submitted by the Siemens regarding wooden kitchen - Joinery details
were approved, returned back to the Contractor on 10-Feb-08.
On 10-Feb-08 Transmittal submitted by the Siemens regarding wooden kitchen Equipments were
approved and returned back to the Contractor on 11-Feb-08.
On 02-Mar-08 MIR submitted by the Siemens 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 Siemens 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 Siemens 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 which originally projected a completion date of 09 July 2008.
Adding new activity for Approval new Arch. Interior design Ground floor with ID (GGNG201)
which 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 ICH 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 23rd Aug. 07, which
projected finish date as of 31st Mar. 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.
Page 21 of 48
Table 2.02.2(A) List of New Activities Added regarding revised Ground Floor drawings

duration
GGNG201 Approval new Arch. interior design Ground 0 13DEC07*
floor
ESSGF43A Masonry work shop dwgs (Floor Ground) 0 08JAN08
Modifications
ESAGF43A Masonry work shop dwgs (Floor Ground) 7 09JAN08 16JAN08
modifications
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
Activity ID Activity description Original Target 1 Target 1 early

duration early start finish
CGRMC002 Brick Works Installation 12 05JAN08 17JAN08
CGRTC002 Brick Works Installation 10 15JAN08 26JAN08
CGRKC002 Brick Works Installation 15 15JAN08 31JAN08
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
ESSGF43A 0 Masonry work shop dwgs (Floor Ground) Modification

..ESAGF43A * 0 SU Masonry work shop dwgs
ESAGF43A 0 Masonry work shop dwgs (Floor Ground) modification

..CGRKC002 * 0 SU Brick Works Installation
..CGRMC002 * 0 SU Brick Works Installation
..CGRTC002 * 0 SU Brick Works Installation
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

duration float
GGNG201 Approval new Arch. interior design 0 13DEC07* -96
Ground floor
ESSGF43A Masonry work shop dwgs (Floor Ground) 0 08JAN08 -96
Modification
ESAGF43A Masonry work shop dwgs (Floor Ground) 7 09JAN08 16JAN08 -96
modification
CGRMC002 Brick Works Installation 12 17JAN08 30JAN08 -96
CGRTC002 Brick Works Installation 10 17JAN08 28JAN08 10
CGRKC002 Brick Works Installation 15 17JAN08 03FEB08 10
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
conceptual design change of ground floor
Page 23 of 48
2.04 References
1- MOM for Progress meeting No. 26 dated 17 Sep. 2007.

2- GPP letter to Siemens ref. GPP/H M/Siemens/9.07/056 dated 17-Sep-2007.
3- SIEMENS letter to PMO ref. GPP_A7 Block_142 dated 19-Sep-2007.
4- SIEMENS letter to PMO ref. GPP_A7 Block_144 dated 20-Sep-2007.
5- GPP letter to Siemens ref. GPP/H M/Siemens/9.07/072 dated 26-Sep-2007.
6- MOM for Progress meeting No. 37 dated 03 Dec. 2007.
7- MOM for Progress meeting No. 38 dated 10 Dec. 2007.
8- PMO letter to SIEMENS ref. PMO/Siemens/TP71/07/082 dated 10-Dec-07.
9- GPP letter to SIEMENS ref. GPP/HM/Siemens/TP71/01-08/02 dated 1 Jan. 2008.
10- SIEMENS letter to PMO ref. GPP_A7 Block_0253 dated 30-Jan-2008.
11- PMO letter to SIEMENS ref. PMO/Siemens/TP71/03-08/117 dated 11-Mar-08.
Page 24 of 48
On 17-Sep-2007 GPP 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 Siemens required some clarification regarding ground floor & basement concept
design.
On 22-Sep-07 Siemens 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 ICH site visit agenda that will include
review and approve the space plan for the lobby/ground floor.
On 01-Jan-08 GPP instructed Siemens to hire qualified Interior Designer to complete the ID design
of the ground floor.
On 30-Jan-08 Siemens 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 Siemens 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, which 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
Table 3.02.2(A) List of New Activities Added Regarding revised basement floor plan

duration
EDSGF035 Revised Architectural Plan for Basement 0 21JAN08*
Floor
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
Activity ID Activity description Original Target 1 Target 1 early

EDSGF025 Arch. General Layout (Basement) 0 29NOV07
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 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
Activity ID Activity description Original Early Early Total

duration start finish float
EDSGF025 Arch. General Layout (Basement) 0 21JAN08 0
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
Revised Architectural Plan for Basement Floor
Page 27 of 48
3.04 References
1- Siemens letter to GPP ref: GPP/A7Block/100 dated 13/8/2007

2- Siemens letter to PMO ref: GPP/A7Block/138 dated 14/9/2007
3- GPP letter to Siemens ref: GPP/HM/Siemens/9.07/065 dated 17/9/2007
4- PMO letter to Siemens ref: PMO/Siemens/TP71/07/061 dated 13/11/2007
6- GPP letter to PMO ref: : GPP/HM/PMO/TP71/12.07/039 dated 8/12/2007
11- PMO letter to Siemens ref: PMO/Siemens/TP71/01-08/23 dated 20/1/2008
13- PMO letter to Siemens ref: PMO/Siemens/TP71/01-08/35 dated 28/1/2008
Page 28 of 48
On 13th Aug 07, Siemens submitted monetary analysis of variation order about stay bridge
modifications.
On 14th Sep 07, Siemens 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, GPP submitted a letter to Siemens 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, Siemens replied requiring a feedback from the hotel operator with regard to their
actual requirements.
On 8th Dec 07, GPP sent a letter to PMO objecting Siemens behavior on site and doubting the
adherence of the finish date submitted by the contractor.
On 10th Dec 07, PMO sent a letter to Siemens regarding GPP's letter reviewing methods to
overcome that mistrust.
On 16th Dec 07, PMO sent a letter to support Siemens with clarified SBS's space requirements.
On 25th Dec 07, PMO required Siemens 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 Siemens points of discussion, and requested Siemens 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, Siemens noted that there's a change of the basement design and this will affect the
start of design works which may affect the completion time for this variation.
On 28th Jan 08, PMO submitted the revised architectural plans and requested Siemens 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 Siemens.
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).
The contractor’s impacted schedule projected finish date as of 01 March 2009.
On 27-Nov-07 Siemens received all BMS specs during BMS Meeting held in PMO office on 27th
Nov. 07, attended by PMO, SCG and Siemens (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 1st Dec. 07 based on the last revised schedule
submitted by the contractor according to MOU with data date 23rd Aug. 07, which 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.
Table 4.02.2(A) List of New Activities Added regarding providing of BMS specification

duration
PMSGE030 Providing BMS Specification 0 28NOV07A
PMSGE040 Study & Prepare BMS submittal 50 01DEC07 27JAN08
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
Activity ID Activity description Original Planned Planned early

PMSGE020 BMS Submittal 0 29NOV07
PMAGE020 BMS Approval 7 01DEC07 08DEC07
PDEGE020 BMS Delivered @ Site 50 09DEC07 04FEB08
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 ID DUR
PMSGE030 0 Providing BMS Specification
..PMSGE040 * 50 SU FS 0 Study & Prepare BMS submittal
PMSGE040 50 Study & Prepare BMS submittal

..PMSGE020 * 0 SU FS 0 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
Activity ID Activity description Original Early start Early Total

duration finish float
PMSGE020 BMS Submittal 0 27JAN08 -68
PMAGE020 BMS Approval 7 28JAN08 04FEB08 -68
PDEGE020 BMS Delivered @ Site 50 05FEB08 02APR08 -68
Page 31 of 48
the primavera simulation analysis projected the same project completion date which 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

4- GPP letter to Siemens ref: GPP/HM/Siemens/73 dated 23/9/2007
5- Siemens letter to PMO ref: GPP/A7Block/0198dated 6/12/2007
8- Transmittal ref: TS/TP71/MAT/MEP/106 dated 21/1/2008.
Page 33 of 48
on 10th Jul 07, Siemens 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, Siemens submitted a letter clarifying the issue of stay bridge specifications.
On 10th Sep 07, Siemens 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 23rd Sep 07, GPP submitted a transmittal notice to Siemens.
On 6th Dec 07, Siemens submitted ICH comments during the site visit.
On 11th Dec 07, Siemens submitted variation notification no.7 about replacing KW-Hour Meters
type.
On 16th Dec 07, PMO requested Siemens to submit a rough estimate for the unofficial handed
single line/riser diagram of the SCG's proposed changes for the existing system.
On 21st Jan 08, BMS Transmittal was submitted
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).
As PMO letter to Siemens ref. PMO/Siemens/TP71/072 regarding MEP specification of SBS

received by the contractor on 01 Dec. 07, item B-1 FM 200 system for all IT rooms – The main IT
room at the ground floor (distribution room) will be the only IT room having this system (Siemens
to submit cost and time impact study for approval).
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/Siemens/TP71/07/072 dated 29-Nov-07. Where the contractor
asked for additional cost without time impact mentioned.

received by the contractor on 01 Dec. 07, item B-1 FM 200 system for all IT rooms – The main IT
room at the ground floor (distribution room) will be the only the only IT room having this system
(Siemens to submit cost and time impact study for approval).
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
The new activities added regarding providing new FM 200 system is inserted into the partial as-
built schedule ASUP update of 01 December 2007.
Page 35 of 48
Table 5.02.2(A) List of New Activities Added regarding providing new FM 200 system

duration
GGNGS051 Providing FM 200 system 0 29NOV07*
GGNGS036 Submittal of FM 200 system 28 01DEC07 01JAN08
GGNGS056 Approval of FM 200 system 6 02JAN08 08JAN08
GGNGS041 Material on site for FM 200 90 09JAN08 22APR08
GGNGS046 Installation of FM 200 System 38 23APR08 05JUN08
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

GGNGL001 Commissioning 30 05JUN08 09JUL08
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 ID DUR
GGNGS051 0 Providing FM 200 system
GGNGS036 28 SU FS 0 Submittal of FM 200 system
GGNGS036 28 Submittal of FM 200 system

GGNGS056 6 SU FS 0 Approval of FM 200 system
GGNGS056 6 Approval of FM 200 system

GGNGS041 90 SU FS 0 Material on site for FM 200
GGNGS041 90 Material on site for FM 200

GGNGS046 38 SU FS 0 Installation of FM 200 System
GGNGS046 38 Installation of FM 200 System

GGNGL001 30 SU FS 0 Commissioning
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

GGNGL001 Commissioning 30 05JUN08 09JUL08 0
the primavera simulation analysis projected the same project completion date which 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
Page 37 of 48
5.04 References

3- Transmittal notice ref: GPP/HM/Siemens/73 dated 23/9/2007
6- Transmittal ref: TS/TP71/MAT/MEP/108 dated 5/2/2008
Page 38 of 48
On 10th Jul 07, Siemens sent a letter referring to transmittal #73 that such instruction would have
On 23rd Sep 07, GPP submitted a transmittal notice to Siemens
On 29th Nov 07, PMO submitted a letter about a jointly study between PMO, GPP, SCG and ICH.
On 6th Dec 07, Siemens submitted ICH 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 Siemens 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/Siemens/TP71/07/072 dated 29-Nov-07. Where the contractor
asked for additional cost without time impact mentioned.

received by the contractor on 01 Dec. 07, item B-5 IP CCTV, stated that Siemens to submit a
complete study of replacing the ongoing analogue system by digital system.
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
The new activities added regarding change CCTV system is inserted into the partial as-built
Table 6.02.2(A) List of New Activities Added regarding change CCTV system

duration
PMSGE030 Providing IP CCTV new Specification 0 29NOV07
PMSGE040 Study & Prepare IP CCTV new Specification 50 01DEC07 27JAN08
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.
Table 6.02.2(B) List of Existing Activities Affected by change CCTV system

EDSGE020 Floor Plan for Security &CCTV Floor 0 29NOV07
"Ground"
EDSGE023 Floor Plan for Security &CCTV Floor 0 29NOV07
"Basement"
PMSGE002 CCTV & Security System Submittal 0 07OCT07A
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 ID DUR
PMSGE030 0 Providing IP CCTV new Specification
PMSGE040 50 SU FS 0 Study & Prepare IP CCTV new Specification
PMSGE040 50 Study & Prepare IP CCTV new Specification

EDSGE020 0 SU FS 0 Floor Plan for Security &CCTV Floor "Ground"
EDSGE023 0 SU FS 0 Floor Plan for Security &CCTV Floor "Basement"
PMSGE002 0 SU FS 0 CCTV & Security System Submittal
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

EDSGE020 Floor Plan for Security &CCTV Floor 0 27JAN08 -95
"Ground"
EDSGE023 Floor Plan for Security &CCTV Floor 0 27JAN08 21
"Basement"
PMSGE002 CCTV & Security System Submittal 0 27JAN08 -127
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
1- Transmittal ref: TS/TP71/MAT/MEP/035dated 17/6/2007.

2- Siemens letter to GPP ref: GPP/A7Block/069 dated 10/7/2007.
3- Transmittal ref: TS/TP71/MAT/MEP/074dated 27/8/2007.
4- Siemens letter to GPP ref: GPP/A7Block/123 dated 30/8/2007.
5- Transmittal notice ref: GPP/HM/Siemens/73 dated 23/9/2007.
6- PMO letter to Siemens ref: PMO/Siemens/TP71/07/072 dated 29/11/2007.
7- Siemens letter to PMO ref: GPP/A7Block/0198 dated 6/12/2007.
11- PMO letter to Intercontinental ref: PMO/ICH/TP71/08/211 dated 17/4/2008.
13- PMO letter to Intercontinental ref: PMO/ICH/TP71/08/269 dated 8/5/2008
Page 43 of 48
On 17th June 07, a transmittal of galvanized steel EMT conduits & fittings was submitted.
On 10th Jul 07, Siemens sent a letter referring to transmittal #73 that such instruction would have
On 27th Aug 07, a transmittal of CCTV system and wiring was submitted.
On 23rd Sep 07, GPP submitted a transmittal notice to Siemens
On 29th Nov 07, PMO submitted a letter about a jointly study between PMO, GPP&SCG and ICH.
On 6th Dec 07, Siemens submitted ICH comments during the site visit.
On 16th Jan 08, Transmittal of Bus way Accessories was submitted.
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 Siemens with security requirements of stay bridge indicating gates
and road blockers and requesting Siemens 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 which 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 which 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 following table is showing the selected activities
Planned Actual Delay

Activity ID Activity description
Early finish Early finish Period
ESSGE033 17th Floor Lighting Layout * 07-Oct-07 14-Nov-07 38

ESSGE063 17th Floor Structured Cable System Layout * 07-Oct-07 24-Oct-07 17
ESSGE018 17th Floor Power Layout * 07-Oct-07 24-Oct-07 17
ESSGM002 VRV Systems Riser Diagram 21-Nov-07 27-Dec-07 36
ESSGM048 17th Floor Water Supply Layout 09-Oct-07 4-Feb-08 118
ESSGF40 Electric. outlet plans (Floor 17th) * 29-Sep-07 20-Nov-07 52
PMSGE026 Dimming Panel Submittal 23-Oct-07 3-Mar-08 132
PMSGE011 Diesel Generator Submittal 06-Oct-07 8-Jul-08 276
PMSGE010 MCC Submittal 04-Nov-07 8-Oct-08 339
PMSGM021 Water Treatment System Submittal 04-Nov-07 13-Apr-08 161
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 which 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 which 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
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.
Page 46 of 48
Section VI
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
1 Integrated Kitchen Cabinet and Marble 13 Dec. 07 20
2 Ground Floor (Conceptual Design Change) 13 Dec. 07 13
3 Revised Architectural Plan for Basement Floor 21 Jan. 08 6
4 Providing of BMS specification 28 Nov. 07 0
5 Providing of new Fire fighting system FM200 specification 28 Nov. 07 0
6 Providing of CCTV system specification 01 Dec. 07 12
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.
Page 47 of 48
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Construction Claims Bundle.

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Section I Introduction “The Contract and the Claim”.......................................... 02

Section II Background of the claim........................................................................... 03

Section III Contract clauses relevant to delay........................................................... 04

Section IV Planning & Program................................................................................. 07

Section VI Findings & Conclusion................................................................................ 47

Section VII References.................................................................................................... 48

Clause 14.1 Program to be submitted

Clause 14.2 Revised Programmes

Clause 14.3 Cash flow Estimate to be submitted

Clause 14.4: contractor not relieved of duties or responsibilities

Add the following Clause 14.5 Progress Reports

Contractor shall also submit the following:

Clause 43.1 Times for Completion

Clause 44.1 Extension of Time for Completion

Clause 44.2: Contractor to provide Notification and Detailed Particulars

Clause 47.1: Liquidated Damages for Delay

Clause 53.1: Notice of Claims

Clause 53.2: Contemporary Records

Clause 53.4: Failure to Comply

Clause 53.5: Payment of Claims

1- The MOU Base Line Schedule (1209)

Activity Activity Orig % Early Early SUBT

+ Shop Drawings Submittals

+ Shop Drawings Approval

+ Material PO, Fabrication & Delivery

Sta r t Date 07MAR 07 Sheet 1 of 2

Activity Activity Orig % Early Early SUBT

2- The partial as build schedule up to date 01 Dec. 07 (ASUP)

Activity Activity Orig % Target Target Early Early SUBT

+ Shop Drawings Submittals

+ Shop Drawings Approval

+ Material PO, Fabrication & Delivery

Sta r t Date 07MAR 07 Sheet 1 of 3

Star t Date 07MAR 07 Sheet 2 of 3

Star t Date 07MAR 07 Sheet 3 of 3

Part I: Analysis of the Contractor’s submitted delay events.

Analysis with respect to the individual events is as follows:-

Case#1 – Integrated Kitchen Cabinet and Marble

1.01. Summary of Contractor’s Claim

1.02.1 PMO’s Observation and Review

1.02.2 PMO’s Approach and Analysis

Activity ID Activity description Original Early start Early finish

Activity ID Activity description Original Planned Planned

Activity ID Activity description Original Planned Planned

ACTIVITY ID ORIG DUR ACTIVITY DESCRIPTION

GGNGG033 12 Shop drawing submittal

GGNGG083 0 Equipment transmittal

GGNGG043 6 Shop drawing approval

ACTIVITY ID ORIG DUR ACTIVITY DESCRIPTION

GGNGG093 0 Equipment Approval

GGNGG103 102 Integrated Kitchen Equipment @ Site