ENG 464 - Submission of EOT Claim-final-reply
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Transcript of ENG 464 - Submission of EOT Claim-final-reply
CONSULTING ENGINEERS & CONTRACTORS (PVT) LTD 157 A,KYNSEY ROAD TELE : 011 – 2662218-19, 011-4612154,011-4618483
COLOMBO 08. FAX: 011-2662220 E-MAIL: [email protected]
Our Ref: PM/CEC/NP03/TL/464
Date: 14th September 2012
Team LeaderPyunghwa Engineering Consultants Ltd.In association withConsulting Engineers & Architects (pvt) ltd.
Dear Sir,
ADB FUNDED NORTHERN ROAD CONNECTIVITY PROJECT (PROVINCIAL COMPONENT) CONTRACT NO: NRCP/PR/NCB/NP03
REPLY: SUBMISSION OF CLAIM FOR EXTENSION OF TIME (EOT)
We thank you for granting an EOT for our contract up to 14th September 2012 in compensation of the
adverse rainy days experienced.
We write this in response of your letter TL/NRCP/OG/NP03/337 dated 23rd August 2012 and further to
my previous letter PM/CEC/NP03/TL/463 dated 24th August 2012 on the same subject.
As per your instructions, we hereby wish to superimpose the effects of the following two events of delay
on our agreed Master Construction Programme (Detailed time Programme) in order to identify the
overall impact on the completion of the works.
Delays due to exceed of quantity of Embankment Construction.
Delays caused by the delayed instructions to construct New Culverts.
Delays due to adverse rain conditions
Events could be analyzed one by one as given below.
We draw your kind attention to the attached “Agreed Master Time Programme” and “Affected Time
Programme” Gantt Charts (The soft copies are also attached for your convenience).
Project Manager – Contractor’s RepresentativeCEC Site OfficeKeeriMannar
Tel : 0777-559109 Fax : 0232-222131Email : [email protected]
Delays due to exceed of quantity of Embankment Construction
Completion of earth works have been delayed due to the exceeding of quantities.
A Contractor is entitled to be granted with sufficient EOT in such a way that it would not cause him to
accelerate the works by engaging additional resources in order to complete the works pertaining to
additional works.
CEC is entitled for an EOT and additional cost incurred under the provisions of the sub-clauses 20.1,
8.4(a) of COC.
The durations of the Bars in the Time Programme for the construction of Embankments in each road
concerned could be extended to the following calculated periods on a pro-rata basis.
The floats that we have left in between the Earth Compaction Works of two roads are for the
Contractor’s convenience and therefore could not be utilized to accommodate the additional time
required due to the exceeding of the quantities. CEC has reserved such time provisions purely to cater
for possible interchanging of the resources between roads (and even among other parallel Contracts -
only with the permission of the Engineer) and to cater for the time requirements for internal logistic
matters (such as availability of low beds for machinery transportation and time required for routine
services and breakdowns etc.).
Accordingly, ones extended such bars [Activity ID Nu. 22, 37, 67, 125, 141 & 156], it is observed that
the date of completion is affected and extends up to 22nd October 2012.
Therefore please consider granting 73 days of EOT with cost in compensation of above event.
Delays caused by the delayed instructions to construct New Culverts.
The practical completion of works got delayed due to the assignment of New Culvert Works in C12
[Site Instruction dated 17th July 2012] and C08 [Site Instruction dated 25th July 2012] Roads.
Under the provisions of sub-clauses 20.1 and 1.9 of COC, CEC is entitled for claiming on additional
cost and time in compensation of above events.
CEC had to engage additional gang of workers to handle the works in such three culverts and the
calculated requirement of time is clearly shown in the Time Programme attached.
Accordingly, ones such new activities are introduced [Activity ID Nu. 52-63, 82-105], it is observed that
the date of completion is affected and extends up to 9th November 2012.
Therefore please consider granting another 18 days of EOT with cost in compensation of above event.
Delays due to adverse rain conditions
Uncommon and adverse rains had occurred and no permanent works could be carried out at filed.
Under the provisions of sub clauses 20.1, 8.4(c) of COC, CEC is entitled to be granted with an EOT for
the Contract.
The Engineer, by his letter TL/NRCP/OG/NP03/336 dated 13th August 2012, 36 days of EOT has been
already recommended.
Analysis
Firstly, an extension of time in account of the exceeding of the Embankment Construction shall
be essentially granted which would be up to 22nd October 2012.
Secondly, an additional EOT that could be granted up to 9th November 2012, in compensation of
the assignment of additional culverts in C12 & C08 Roads.
Thirdly, In compensation of the non-workable 36 numbers of Adverse Rainy Days, the next
extension of time up to 15th December 2012 shall be granted.
As such, it is justifiable to grant EOT up to 15th December 2012 for above contract considering all facts.
Summary
Based on above analysis, we will be grateful if you could grant 127 days of EOT up to 15th December
2012 with necessary additional cost for this contract please.
The CEC specifically reserves his rights to modify and/or amend any representation, calculation,
explanation, assessment and the like at any time up to the time of finalization of all matters considered
in this submission.
Furthermore, feel free to contact us for any clarifications/details that may be required for the assessment
of our entitlement.
This is for your early granting of an EOT please.
Thanking you,
Yours faithfully,
Consulting Engineers & Contractors (pvt) Ltd.
………………………………Eng. R.M. ThilakarathneActing Project Manager
Attachments: Agreed Master Time Programme (Hard and Soft Copies-MS Project[2003] File)Affected Time Programme (Hard and Soft Copies-MS Project[2003] File)
Copies: Provincial Project Director - For your kind approval pleaseResident Engineer - For your kind recommendation pleaseAssistant Resident Engineer - For your kind recommendation pleaseFile