Appendix: SampIe Claim For Extension Of Time And .

Appendix: SampIe claim forextension of time andadditional paymentIntroduction to the exampleThe sampie claim which follows is for an extension of time and reimbursement of 1055 and/or expense arising out of the delays (01), (02), (03) and(04) shown in Figure 5.8 in Chapter 5. Phased completion has beenintroduced into the example as a result of wh ich additional activities havebecome critical.For simplicity, the claim deals with the subject matter in the mainnarrative. In practice, particularly for complex claims dealing with manyissues, more use would be made of appendices (summarising notices ofdelay and the like). Copies of relevant correspondence (referred to in theclaim), supporting documents, particulars and detailed calculations wouldalso normally be given in an appendix. This example does not contain suchappendices (except for programmes and illustrations) but it is assumed thatthey are submitted.In this example, clauses referred to in the form of contract are oftenparaphrased. It is sometimes more appropriate to quote the clauses verbatim.175

176Construction Contract ClaimsThe claim submissionCovering letter fram Better Builders Ltd (the contractor) to T. Square (thearchitect):Date 31 March 1992Dear Sir,Re: ABC Stores and Depot, New Road, Lower Hamstead, WiltonFurther to our letter of 20 August 1991 requesting a review of extensions of time, our letter of 10 September 1991 giving particulars of lossand/or expense and our letter of 9 February 1992 requesting a copy ofthe draft final account, to wh ich we have had no response, we encloseherewith our claim for extensions of time, reimbursement of loss and/orexpense and damages.Please note that the contents of this submission do not contain anyparticulars (with the exception of rates for finance charges for theperiod after 10 September 1991) which have not been submitted to youpreviously in correspondence referred to therein. It is our understanding that you have all information necessary for the preparation of thefinal account and we can see no reason why it should not have beenissued prior to this letter.Our claim is for further extensions of time of two weeks for section Aand the works (up to the dates of practical completion) and forreimbursement of loss and/or expense and/or damages for the amountof E60 867.52 (including finance charges on liquidated damages).We are also requesting the issuance of a certificate of making gooddefects, a statement pursuant to clause 30.6.1 of the contract(including all adjustments mentioned in the submission), release ofretention of f:21 010.00, release of liquidated damages amounting toE63 000.00 and a final certificate pursuant to clause 30.8 of thecontract.Your early response would be appreciated.Yours faithfullyFor and on behalf of Better Builders Ud

AppendixBetter Builders LtdScaffold RoadHamstead Rise, WiltonManufacturing plant and associated works atNew Road, Lower Hamstead, WiltonforABC Industries LtdFactory Lane, Hamstead Rise, WiltonClaim for extensions of time andreimbursement of loss and/or expenseand/or damages and repayment ofliquidated damagesArchitect: T. Square of Drawing Board and AssociatesDesign Avenue, Hamstead Rise, Wilton31 March 19921 77

178Construction Contract ClaimsClaim for extensions of time for completion of the works and section A,reimbursement of 1055 and/or expense and/or damages and repaymentof liquidated damages.1.0 Introduction.1.1 The parties.1.1.1 The employer is ABC Industries Ud of Factory Lane, HamsteadRise, Wilton.1.1.2 The architect is T. Square of Drawing Board and Associates,Design Avenue, Hamstead Rise, Wilton.1.1.3 The quantity surveyor is R. E. Measure of The Manor, Billingsgate Road, Hamstead Rise, Wilton.1.1.4 The contractor is Better Builders Ud of Scaffold Road, HamsteadRise, Wilton.1.2 The works.1.2.1 The works comprise the alteration of an existing storesbuilding into a manufacturing plant for motor parts including theconstruction of a new access road, drainage, diversion of servicesand landscaping at ABC Stores and Depot, New Road, LowerHamstead, Wilton.1.3 The tender and the contract sumo1.3.1 The cont actor submitted his tender on 10 January 1991for the sum of f:827 333.00. It was a condition of the contractor'stender that work would be permitted on weekends and publicholidays and that the employer \/IJould undertake to ensure thepresence of the architect or his representative on such dayswhere it was necessary for the supervision and administration ofthe contract.1.3.2 The employer unconditionally accepted the contractor's tenderby letter dated 22 January 1991.1.3.3 The contract sum in article 2 of the agreement is f:827 333.00.

Appendix1 791 .4 The contract.1.4.1The contract is the Standard Form of Building Contract, 1980Edition, incorporating amendments 1,2,4,5 and 6, PrivateEdition with Quantities, issued by the Joint ContractsTribunal and incorporating the Sectional Completion Supplement revised January 1989. The following amendments have been made to the standard conditions ofcontract:1.4.1.1 Sub-clause 1.3 - Definitions.Definition of Section A - 'Completion of all alterations in theexisting store building to such state as (in the opinion of thearchitect) to enable the employer to commence installation ofplant and equipment.'1.4.1.2 Sub-clause 25.4.2 (relevant event - exceptionally adverseweather conditions) has been deleted.1.4.2The relevant particulars in the appendix to the contract are asfolIows:1.4.2.1 Clause 1.3 Dates for completion- Twenty-two weeks after the date of possession.1.4.2.2 Clause 17.2 Defects liability period- Six months.1.4.2.3 Clause 22.1 Insurance of the works- Alternative C applies.1.4.2.4 Clause 23.1.1 Date of possession- Seven days after the architect's written instruction to takepossession of the site.1.4.2.5 Clause 23.1 .2 Deferment of the date of possession- Does not apply.1.4.2.6 Clause 22.2 Liquidated and ascertained damages- t2500.00 per day.1.4.2.7 Clause 30.4.1.1 Retention percentage- Five per cent.1.4.2.8 Clauses 38, 39 and 40 Fluctuations- Clause 38 shall apply.1 .4.3The relevant particulars in the appendix to the sectionalcompletion supplement are as folIows:1.4.3.1 Clause 2.1 Section of the works

180Construction Contract Claims- Section A as described in cl au se 1.3 of the conditions ofcontract.1.4.3.2 Clause 18.1.5 Section value- t525 000.00.1.4.3.3 Clauses 17, 18, 30 Defects liability period- Six months.1.4.3.4 Date of possession of section- On the date of possession in clause 23.1.1 of the conditionsof contract.1.4.3.5 Date for completion of section- Sixteen weeks after the date of possession .1.4.3.6 Rate of liquidated and ascertained damages for section- t2000.00 per day.1.5 The programme:1.5.1The contractor's original programme for completion of theworks is shown in appendix I hereto (see Figure A 1).1.5.2The activities forming section Aare F-G, B-G and G-H.2.0 Summary of Facts:2.1 Possession of site: commencement and completion of theworks.2.1.1On 4 February 1991, the architect gave written notice to thecontractor to take possession of the site on 11 February 1991.2.1.2The contractor took possession of the site and commencedwork on 11 February 1991.2.1.3Pursuant to clause 3.1 of the conditions of contract, thesectional completion supplement (and the relevant appendices)and the architect's written instruction of 4 February 1991, thedates for completion were:2.1.3.1 Section A - 2 June 1991.2.1.3.2 The works - 14 July 1991.2.1.4Practical completion occurred on the following dates:2.1.4.1 Section A - 3 June 1991. (Architect's certificate of practicalcompletion dated 9 August 1991).

Appendix1812.1.4.2 The works - 4 August 1991. (Architect's certificate of practicalcompletion dated 9 August 1991).2.2 Delay and extensions of time:2.2.1The contractor gave the following notices of delay and particulars pursuant to clause 25 of the conditions of contract:2.2.1.1 Letter dated 18 March 1992 [week6] - Notice of delay as aresult of exceptionally adverse weather conditions affectingactivity B-E (delay 01).2.2.1.2 Letter dated 21 March 1991 [week 6] - Notice of delay as aresult of architect's instruction no 1 (issued 18 March 1991) toalter work partially completed to activity B-G (delay 02).2.2.1.3 Letter dated 9 April 1991 [week 9]- Particulars of delay causedby architect's instruction no 1.2.2.1.4 Letter dated 2 April 1991 [week 8] - Notice of delay as a resultof revised and additional work to activity B-G shown ondrawings AO/14A and AO/15A issued on 1 April 1991 [week 8](delay 03).2.2.1.5 Letter dated 26 June 1991 [week 20] - Particulars of delaycaused by the issuance of drawings AO/14A and AD/15A.2.2.1.6 Letter dated 10 July 1991 [week 22] - Notice of delay as aresult of late issuance of instructions on the expenditure of theP C sum for work to be done by a nominated subcontractor onactivity H-K (delay 04).2.2.1.7 Letter dated 5 August 1991 - Particulars of delay caused bylate issuance of instructions on the expenditure of PC sum(see 2.2.1.6 hereof).2.2.1.8 :.etter dated 20 August 1991 - Letter requesting the architect toreview his extensions of time for section A and the workspursuant to clause 25.3.3 of the conditions of contract andgiving further particulars.2.2.2The architect has made the following extension of time forcompletion of the works pursuant to clause 25 of the conditionsof contract:2.2.2.1 Certificate reference EOT 1 dated 12 August 1991 [week 27]Section A - Extension of time of one week as a result of theadditional work to activity B-G shown on drawings AD/14A andAO/15A (delay 03), giving a revised completion date of 9 June1991.

182Construction Contract Claims2.2.2.2 Certificate reference EOT 2 dated 12 August 1991 [week 27]The works - Extension of time of one week as a result of thelate issuance of instructions for the expenditure of PC sums(delay 04), giving a revised completion date of 21 July 1991.2.2.2.3 At the date of this submission, the architect has not given awritten response to the contractor's request of 20 August (see2.2.1.8 hereof).2.3 Certificates of non-completion.2.3.1Pursuant to clause 24.1 of the conditions of contract, thearchitect issued certificates of non-completion dated 12 August1991 certifying that the contractor had not completed:Section A - by the extended date of completion of 9 June 1991.The works - by the extended date of completion of 21 July 1991.2.4 Direct lass and/or expense:2.4.1The contractor notified the architect, pursuant to clause 26 ofthe conditions of contract, that the regular progress of theworks had been affected and that he had incurred, and wascontinuing to incur, direct loss and/or expense as folIows:2.4.1.1 Letter dated 28 May 1991 [week 16] - As a result of delays toactivity B-G (delays 02 and 03).2.4.1.2 Letter dated 25 June 1991 [week 20] - Further disruption of theregular progress of the works as a result of delay to activity B-G(delay 03) and as a result of late nomination of the subcontractor for activity H-K (delay 04).2.4.2By letter dated 12 August 1991 , the quantity surveyor requestedfurther particulars from the contractor in support of his application for reimbursement of direct loss and/or expense.2.4.3On 10 September 1991, the contractor provided the furtherparticulars requested by the quantity surveyor on 12 August1991.2.4.4At the date of this submission, no sums for loss and/or expensehave been ascertained and no further requests for particularshave been made by the architect or quantity surveyor.