The Owner’s Schedule Approval
Kasım 23, 2012 Yorum bırakın
THE OWNER’S SCHEDULE APPROVAL
The owner’s review and approval of the baseline schedule brings into play both implied and express warranties. Implied warranties arise out of the working relationship between the parties and the relationship the law gives to them. Of particular importance is the effect of schedule approval. Some contracts state that the schedule will be submitted to the owner purely for informational purposes. Other contracts provide for formal schedule approval by the owner (we prefer this approach).
On the other hand, by approving the schedule, the owner is expressly obligated to perform to meet schedule dates and milestones, and perform within the time frame and logic established by the schedule that are the owner’s responsibility. The general rule is that if the owner approves or does not reject or raise timely objections to a contractor’s schedule specifying certain dates for owner performance, the owner will be bound by the schedule and expected to meet its obligations.
An owner who does not require submittal and approval of schedules, and does not provide clear delineation of its performance requirements, places itself in a passive role and hampers its ability to monitor and expedite the work. In the absence of a formal rejection, failure to approve the schedule may be found to constitute implied acceptance, and an owner may be bound to the terms of the schedule.
The Holloway Consulting Group, LLC
Construction Advisers, Managers, Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432