Can a PM expedite take over to allow it to happen sooner? Using an example - if a Contractor is building a 4 storey building and the Employer is keen to take over as many floors as possible, as soon as possible (but hasn’t detailed this within the contract) can the PM intervene to get work finished on some of the floors in a different order to allow some of these to be ready for taking over sooner? Or is this viewed as acceleration. To stress I’m not talking about the finishing works occurring in a different order costing the Contractor more money - rather its just allowing take over of some floors sooner.
What you are describing does not align with the contract. Take over usually follows Completion or when the Employer elects to use part of the works. Acceleration is when the Completion Date is shorten.
If the Employer wanted to have use of different parts of the works then it would have been more appropriate to have sectional Completion Dates.
The circumstances you described are more suited to working collaboratively to see if it is possible, it is not something the PM can impose.
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Thanks for you’re reply Dave…I guess the situation I’ve attempted to describe fit’s into the category of ‘…the Employer elects to use part of the works.’. My question being were the Employer is seeking to use the works, if it were possible for this to happen sooner via resequencing of certain work (not necessarily costing the Contractor more money), can it be reasonably expected that this could happen? Another twist in the tale is that the potential take over date is after the current Completion Date and X7 is included. Effectively delay damages could be applied until the earlier of either Completion or the date when the Employer take over the works. Given that, you’d imagine there’d be a natural onus on the Contractor’s part to either achieve Completion or undertake works to allow take over in order that DD be reduced in line with X7.3.
Hi, Yes, in the circumstances you describe, it would seem sensible for the Contractor to accommodate the Employer’s desire and to have more floors available. It is not however a matter for the PM to intervene on. If there was a willingness between the Contractor and the Employer then it would be sensible to document what the agreement is and record via clause 12.3.
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