Ann: Contract Dispute with TDK JV , page-11

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  1. 511 Posts.
    rorman i don not believe it is 9 months.... even i dont think nomad board would of left this job go over by nine months. nomad must of put in a extension of claim but it wasnt sufficient enough. either that or nomad is trying to cover up things that they shouldnt be because the 4.5 mil liquidated damage is really excessive for two days, but because of the size of this project it needed to be approved by the board. and this mean that the board should be fully aware of what kind of contract they were entering...... Nomad board has always been made up of mining people from the begenning. around 90% of them and the building people who did make up the board would have little say about these matters.

    i also have the feeling that the client order different stuff to be changed on site. however if there is no written proof of this the client does not have to pay for this within a certain period because if there is no written change in variation the client could pay back nomad in 20 years time. cos there is no deadline to be met.

    if there is no written change in variation ordered by the client to nomad. all the client has to say is that nomad constructed items that were high spec which wasnt asked for.

    the next stage that would occur from here. is what amount should be paid to the client for variations which have no written record. this item here could go to the court and even if nomad win they still end up paying expenses that they should have if the mining board should check the progress of the projects that nomad have. If the board members have no understanding of the projects operated and what questions to ask they dont know if the project is making money or not. Surely the mining board would of been looking at the progress report and questioning why there is so much committed cost.

    also note that nomad used to get a lot of contracts from rio tinto and bhp but i dont gather this is the case any more. maybe because they are not in good terms anymore...... this is a loss for nomad....
 
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