ENG 464 - Submission of EOT Claim-final-reply

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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: 14 th September 2012 Team Leader Pyunghwa Engineering Consultants Ltd. In association with Consulting 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 14 th September 2012 in compensation of the adverse rainy days experienced. We write this in response of your letter TL/NRCP/OG/NP03/337 dated 23 rd August 2012 and further to my previous letter PM/CEC/NP03/TL/463 dated 24 th 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. Project Manager – Contractor’s Representative CEC Site Office Keeri Mannar Tel : 0777-559109 Fax : 0232-222131 Email : [email protected]

description

eot CLAIM

Transcript of ENG 464 - Submission of EOT Claim-final-reply

Page 1: 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]

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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.

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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.

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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