The Contractor is expected to escalate the constraints within 24 hours of them coming to their knowledge with relevant/proper assessment of the cause, establishing that it is not within their scope and those expected from Phoenix. This needs to be detailed in the contract including that any delay in the contractor escalating the constraint beyond the 24 hours will be to their account. This will avoid them delaying raising the issue to build time to cover up other delays of their account.
It is crucial to adhere to the timeline as it takes time to resolve such issues. Any delay in escalation would be construed as the delay from the Contractor. Phoenix will not be responsible for delay period between the issue coming to the Contractor's knowledge and the same having been escalated to GM office through CRP.
The Contractor should also reasonably estimate the timeline, keeping in view how much of the delay in resolution would affect the Schedule, especially the critical path and how much time it would take to resolve such issues.
It is pertinent to note that issues, which should have been known to the Contractor as part of the plan, should be escalated insufficient time to facilitate the decision-making process ahead of time, in accordance with the approved Schedule. Any last-minute escalation would not be accepted with the reason that the issue has come to the knowledge of the Contractor only now by excluding their obligation to plan the works in advance adequately. This is applicable for all approvals, works orders, payments etc. and the like to undertake the works in accordance with the approved project schedule.
GM office may evaluate independently to check whether the constraint could have been reasonably forecasted ahead of the time as part of the planning, leading to the timing of escalating the issue, to be challenged. The Contractor cannot take shelter of the constraint only coming to their knowledge, just before execution, unless it is proven that the challenge/constraint could not have been forecast as part of the proper planning and preparation to execute the works.
To give an example, construction power requirement needs to be augmented from the current levels, should have been known much ahead of when it is required, and the Contractor should have escalated the issue through the CRP in time, which would have allowed the GM office to get the necessary additional power within a reasonable time. The Contractor cannot come one week before the requirement of Power and claim that it has come to their knowledge now. The GM office would challenge such claims.
Government announcing a lockdown is something the Contractor could not have forecasted or a cyclone affecting the Project could not have been known, much in advance. Even in such situations, the Contractor is expected to take necessary actions of escalations sooner they come to be aware of such eventuality irrespective of the possible outcome/intensity. What is manageable and can be planned for is seasonal fluctuation in labour and weather conditions such as Monsoon rains etc. These cannot fall in the category of could not have been forecasted, as it is well known regarding migrating labour forces during festivals and holidays, and that India is a tropical country with an annual forecasted Monsoon period where heavy’s rains will come.
Should the constraint fall within Client domain, the Client is expected to respond to the Contractor within two working days, (48 hours) of receipt of a (CRP) request (except for delayed payments which can be responded with in three working days), with the possible timeline and way forward including acknowledgement and disagreement on the request, which could include issues such as, whose domain the same lies.
Certain situations may warrant reading /preparation/investigation before writing to the Contractor and may take some additional time which shall be duly notified to the Contractor in acknowledgement of receipt.
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