The risk was not shown on the Accepted Programme, the Contractor had assessed the activity as though the risk was his when in fact it was actually an employer’s risk. This wasn’t realised until an amended programme for a subsequent PMI was reviewed and during discussions between the parties regarding the programming of this additional work the inclusion of this risk allowance came to light.
Not sure how relevant this is, but what I meant by ‘shared critical path’ was: ‘one critical activity followed by two concurrent paths (one containing one activity and the second two) and both these finishing on the same day, (which happens to be the date of planned Completion)’. I suppose this would have been better described as concurrent critical paths. I think these concurrent critical paths contributed to the exteneded duration for the employer’s risk not initially being noticed, if the risk was not included this concurrent path would not have been on the critical path.
Due to other project reasons the PMI works are now required before the activity containing the risk allowance and this activity (including the risk allowance) now sticks out to the right on its own. Would it be fair to strip the risk allowance from the assessment of the change in planned Completion when assessing the change to the Completion Date for this CE? After all its not the contractor’s risk, but I accept that this would be seen as bringing in the Completion Date!
Could an option be a CE giving a change in the contract Completion Date for the total change in planned Completion but with a PM assumption that the duration for the employers risk would be subsequently corrected if different?
I think the contractors view is that because they showed this duration on the Accepted Programme they are now contractually entitled to keep it.
The key point is - the Accepted Programme contained something it shouldn’t and this is now (due to a PMI) on the critical path of the amended programme for the CE, can the CE correct this?
Should the amended programme and the assessment of the CE include the full length of this activity (including risk allowance) as per the Accepted Programme or should it be adjusted so that it is realistic and relates only to the Works Information and not an employers risk?
I hope I haven’t made it more confusing!