I have an interesting situation regarding design release information and float and DD’s on an ECC option A contract.
The contract data sets out when the Employer will give certain design information for a number of systems, it also gives an associated sectional Completion/DD date for each system.
Various systems design release dates have been delayed by the Employer and notified accordingly with an associated CE.
For example a system design release date was 29/08/16 with DD/Completion Date of 21/06/18 - a completion period of 94 weeks.
Our original programme identifies the design release date and shows work commencing some time after design release and completing before the DD date, but does not show any float.
If the system identified above design release is delayed to 16/10/17 are we entitled to move the completion/DD date by the corresponding 94 weeks to 08/08/19?
This is the case for 12 separate systems.
I am arguing that the contract clearly identifies a period for completion for each system and this time is at our disposal to schedule the works as we see fit to complete
within the contract period, and that if the design release date is moved so should be the DD/completion date by an equivalent period in order for us to maintain the same risk profile and design period as the contract contemplates, akin to terminal float (despite it not being specifically identified in our original programme).
The employer is arguing any period post completion in our programme and prior to DD/contract completion date is free float for the contract to use to absorb any delays and is using our original completion periods to re-programme.
This however greatly reduces our ability to schedule the works and has resourcing implications for us and increases our exposure to DD’s.
I hope I have provided enough information and would be interested to hear your experiences and suggested approach to this.