An event occurring on site must be documented from the moment it is identified. For contracts based on GD no. 1/2018, the technical analysis must be correlated with the contract's applicable conditions, the notification process, and evidence regarding the impact on the works.
Which version and documents should be checked?
Gather the contractual agreement, general and specific conditions, employer's requirements, the bid, annexes, and modifications. Check the order of precedence and the documents establishing responsibility for design, data, and access.
GD no. 1/2018 includes conditions for execution and for design-build. The applicable form must be checked against the procedure and the contract, including transitional provisions. A deadline from another contract or another version should not be adopted automatically.
What do you record when an event occurs?
Note the date of discovery, the description, affected activities, involved personnel, and available information. Retain correspondence, instructions, photographs, logs, and project documents in the revision used. Identify the contractual obligation and the party responsible for the action.
Separate the event notification from the full substantiation of the claim. Check the recipients, the transmission method, deadlines, and proof of receipt stipulated in the contract. A site discussion recorded informally may not meet the necessary contractual process.
How do you demonstrate the effect on the deadline?
Start from the baseline schedule and the update relevant to the time of the event. Identify the affected activity, the relationships with successors, and the effect on the critical path. Distinguish the duration of the event from the actual delay of completion.
Analyze measures to mitigate impact and potential concurrent causes. Keep data on access, resources, and actual progress. A list of unfavorable days unrelated to scheduled activities does not sufficiently explain the time impact.
How do you substantiate the modification and the cost?
Link quantities and additional resources to the event and the relevant instructions. Specify the valuation method, supporting documents, and avoid double-counting of costs. Changes to the technical solution must be tracked through project revisions and necessary approvals.
For public contracts, the contractual mechanism is correlated with the legal limits of modification, including Law no. 98/2016 or Law no. 99/2016, as applicable. The existence of a cost alone does not prove the right to be paid for it.
How are the file and the request for quotation organized?
Build a timeline and an index of evidence. The claim must allow for the tracing of the basis, the event, the causal link, the effect, and the quantification. Highlight assumptions and missing information, without presenting estimates as confirmed values.
For quoting, transmit the contract and conditions, notifications, schedule and revisions, status of the works, and the objective of the analysis. Sky Meridian’s support can cover technical substantiation and records management; litigious legal positions are coordinated with the client’s legal advisor or lawyer.
See also the technical chapter in the guide