Probable Claims identified as per CA and prevai

S.No Claim Description Clause No

1 Traffic worthiness Cl 6.8

Damages for not fulfilling

obligations and conditions
precedent from Authority( Land
2 handing over/Utility shifting/MOEF Article 6 & Cl 4.2.2
clearance/Tree cutting
approvals/Support at Plaza/SSA Etc)

Clause 6.3/ Article

3 Competing roads/ Traffic leakage
24 & Cl 12.2

Utility shifting & Tree felling

4
estimates and cost reimbursement Cl 11.2 & 11.4

5 Change of Scope Article 21

 Usage of local vehicles in project
6 Cl 23.4
highway

7 Modification to Concession period Cl 24.2 & 24.5.1

8 COVID claims Cl. 27.5.3

Claims towards Material adverse

9 Cl 28.1.2
affect due to breach of agreement

10 Reduction in PBG MOF notification

11 COVID claims

9681 40
100

4566.98
1,347,912.00
Probable Claims identified as per CA and prevailing situations
Extract of Clause

Maintenance obligations prior to Appointed Date

Prior to Appointed Date, the Authority shall maintain the Project Highway, at its own
cost and expense, so that its traffic worthiness and safety are at no time materially
inferior as compared to its condition 7 (seven) days prior to the last date for submission of the
Bid, and in the event of any material deterioration or damage other than normal wear and
tear, undertake repair thereof, or pay to the Concessionaire the cost and expense, as
determined by the Independent Engineer, for undertaking such repair after the Appointed
Date. For the avoidance of doubt, the Authority shall undertake or caused to be undertaken
only routine maintenance prior to the Appointed Date, and it shall undertake or caused to be
undertaken special repairs only for ensuring safe operation of the Project Highway, or in the
event of excessive deterioration or damage caused due to unforeseen events such as floods or
torrential rain

In the event that (i) the Authority does not procure fulfilment of any or all of the
Conditions Precedent set forth in Clause 4.1 within the period specified in respect
thereof, and (ii) the delay has not occurred as a result of breach of this Agreement
by the Concessionaire, or due to Force Majeure, the Authority shall pay to the
Concessionaire Damages in an amount calculated at the rate of 0.1% (zero point
one per cent) of the Performance Security for each day’s delay until the fulfilment
of such Conditions Precedent , subject to a maximum of 20% (twenty percent) of
the Performance Security

The Authority shall procure that during the subsistence of this Agreement, neither
the Authority nor any Government Instrumentality shall construct or cause to be
constructed any Competing Road; provided that the restriction herein shall not apply
if the average traffic on the Project Highway in any three consecutive years exceeds
90% (ninety per cent) of its designed capacity as stipulated in the Specifications
and Standards. Upon breach of its obligations hereunder, the provisions of clause
12 and Section 17 of The National Highways Fee (Determination of Rates and
Collection) Rules, 2008 and any applicable amendments thereof shall apply

Cost towards Utility shifting & Tree felling shall be reimbursed from NHAI, Estimates for utility
shifting is under process for approvals and Tree cutting claim shall be submitted as per SOR

Estimates for COS( both positive and negative) along with profit and reciprocal percentage
increase on SOR rates as per our project cost to be provided
As per clause 23.4 local vehicles are not permitted to use project highway if service
road/alternate roads exist adjacent to Highway, if the local vehicles still using project highway
temporary toll booths shall be provided for collecting the Toll from local vehicles

Cl 24.2: Subject to the provisions of Clause 14, in the event that the Actual Fee 1 shall have
fallen short of or exceeded the Target Fee 1 by more than 20% (twenty percent)
thereof, the Concession Period shall be deemed to be modified in accordance with
Clause 24.5.1
Cl 24.5.1:Subject to the provisions of Clause 24.2 and Clause 3.1, in the event Actual Fee 1
shall have fallen short of or exceeded the Target Fee 1 by more than 20% (twenty percent),
then for every 1% (one percent) shortfall or increase as compared to the Target Fee 1, the
Concession Period, subject to fulfillment of terms of this
Agreement, shall be increased by 1.5% (one and a half percent) or decreased by
0.75% (point seven five percent) thereof; provided that such increase or decrease in
Concession Period shall not in any case exceed not more than limits specified in
Clause 3.1. For the avoidance of doubt, and by way of illustration, it is agreed that
in the event of a shortfall or increase by 30% (thirty percent) in Target Fee 1, the
Concession Period shall be increased by 15% (fifteen percent) or decreased by
7.5% (seven and a half percent) thereof

COVID claims shall be submitted in frequent intervals i.e. every 7 days as per CA

Subject to the provisions of Clause 28.4, in the event of the Authority being in
material default or breach of this Agreement at any time after Appointed Date, it
shall pay to the Concessionaire by way of compensation, all direct costs suffered or
incurred by the Concessionaire as a consequence of such material default or breach
within 30 (thirty) days of receipt of the demand supported by necessary particulars
thereof

As per notification dated 12.11.2020 from Ministry of finance, PBG values to be reduced to 3%
on Contract value till completion of the project, this is the relief provided by GOI due to COVID
Pandemic
Payment of minimum wages/staff salaries/ machinery idling during lockdown period shall be
prepared and submitted

0.413180456564404

16
 Support for Preparing Claim

Video/Photographs if any before

appointed date, Chainages where
major R&R taken up by us. Such as
approach road Major bridge 114 in
P9

Details on non fulfillment of

obligation and conditions precedent
by Authority ( Toll plaza not handed
over on time P8/Tree cutting
approval not obtained in P9/Utility
shifting in P7 & P8/ Service road
work front not available in P9 due to
Utilities & Trees, other issues to be
identified

Leakages/Competing roads at all

plaza locations to be analysed/
Photographs and videos to be
recorded and shall provide NHAI
with records on Toll loss against
estimation/ previous year data

Tree girth/ No's to be identified and

Joint inspection to be initiated for
estimating the tree felling cost

Estimates from contractors to be

finalised and over and above profit
margins and percentage on SOR
costs to be added for NHAI/IE
approval
Stetches especially in VUP/Flyover
regions to be identified and traffic
details and profitablity of collecting
toll fee to be analysed for submitting
the proposal to NHAI

Target fee and actuals to be

analysed for each plaza and shall
submit claim whenever is required

To be updated and submitted

immediately

Authority defaults/EOT delays/other

failures by Authority to be analysed
as submitted in EOT and other
related correspondences, claim
towards idling of resources/loass of
revenue/ escallation in construction
cost shall be submitted accordingly

Letter prepared and shall be shared

for approval by Contracts head

73071.68 70879.53
2192.1504
75263.8304
0.941747572815534