Hi, I m currently working under an ECC Option A contract. For numerous reasons we incurred a longer than anticipated design period. As a result the Client instructed the Contractor through a CE to expedite fabrication of the long lead items, so the Contractor decided purchase the items from abroad. However, when the item was due to be delivered the freight company encountered some issues with customs, plane delays, and various other things out of our control, and the item was delivered a week late.
Due to the inflexibility of the Completion Date we had to then expedite progress on site by working 24/7 shifts, and the Contractor incurred additional labour costs; Who bares the cost of out of hours working is something of a contentious issue as the Client asked the contractor to expedite fabrication, which they did by going abroad, but consequently we encountered third party delays?