Claims Management 2008/2009 Question 01 a) excavation in critical path it affect to time for completion so there is a delay due to ERE

its excusable and compensable can claim extension of time as well as cost plus overhead charges if delay is mitigated, productivity has to be increased because increased depth of exc. Is a disruption to the works so planned productivity has lost due to the change

b) i) for preparation of as planned impacted programme we need only as planned programme then we should have delay events with nr days of delay in the chronological order then these delay events are impacted on to the as planed programme in chronological order that programme is called as planned impacted programme

ii) assumption all the seven days of the week are working days Delay days 1 2 3 4 5 15.5.2009 5.10.2009 20.10.2009 12.11.2009 26.11.2009 30.05.2009 25.05.2009 24.10.2009 15.11.2009 30.11.2009 Total delay 15 20 04 03 04 46

As all these activities are in critical path there is no float to be used. So the completion date 22nd March 2010

iii) if heavy rain is exceptionally adverse then only EOT can be claimed (clause 8.4 (c). Otherwise he is not entitled if it is foreseeable at the tender stage, that should be allowed within the as planned programme and rate 1.9 delay drawings and instructions, contractor is entitled to EOT and cost plus reasonable profit for structural drawing delays and hard landscape drawing delay. According to 19.1 definition of force majure strikes comes under this. So under 19.4 EOT and cost can be claimed Concrete delay is known to conractor from 7th . but he wanted concrete from 12th . therefore it is a CRE as contractor should have taken any actions to avoid this delay. Therefore it it excusable but non compensable. Hence, only EOT can claim.

Question 02 Normally contractor should design temporary works. According to 4.1 if it is not specified in the contract, contractor is responsible for temporary works. But in the description there is a misrepresentation done by the engineer as he specified planking and strutting. It means specifications are given. Therefore, it is a mis representation. Under 3.2 if engineer has given the authority to his assistants including resident engineer he can issue instructions. This case ER has issued instruction for the execution of temporary works. So engineer is responsible for the design of EWS. Under 17.3 design done by employers personnel is employers risk. So under 17.4 he entitled to pay EOT and cost of EWS. Further after collapsing the first deign, ER has issued second design. Under 13.1 (b) it is a variation to the quality. So contractor is entitled to cost of the new desing and EOT. (u can argue from the engineers point of view also. Coz, he dont need a straight answer) Question 03 a) i) identification of the claim event and give notice within 28 days. Further notices as soon as practicable. Contemporary record keeping current as and when necessary Monitor records as soon as practicable. Submit first claim within 42 days after aware Final claim within 28 days after ending the effct of the the event Approve and disapprove the claim by engineer within 42 days after receiving the claim Determination as clause 3.5 by engineer

ii) under any clause of these conditions means they are contractual claims. Or otherwise means extra-contractual claims iii) when a claim is made it should be prove through the contractual provisions. To do that records are essential. Therefore all the records related to that claim event must be kept accurately and upto date. Using contractual claims and bringing those records where ever necessary contractor should substantiate his entitlement. Otherwise rcords are not sufficient claim can be rejected or furthere recoreds may requested. iv) Approve and disapprove the claim by engineer within 42 days after receiving the claim Determination as clause 3.5 by engineer Monitor records as soon as practicable. v) details regarding first interim and final claims