A.

Reply to Delay due to interference by BGB

S.No. Document Contents Pg. No.

1. 05.10.2016 Respondent NO.3/Employer wrote to (Ann. C-3 page 20
Respondent’s Inspector General, BSF vide letter no. SOC Vol-CD1)
letter P/07/45/2012 Part-IV, to handover the
site to the claimant/ contractor M/s
T.K. Engineering Consortium Pvt. Ltd. to
facilitate commencement of work.
2. 18-11- 2016. The site was handed over to the
Claimant on 18-11-2016 when they first
reported to site. The Claimant’s default
to report late for taking over the land
was purely due to their own reasons.
3. 24-02-2017 Delay in submitting insurance policies Annexure R-17 &
R-18 Page 26-27
SOD Vol-RD1
4. 01.03.2017 Claimant submitted network Annexure R-25
Claimant’s letter (PERT/CPM) time and progress chart in Page 39- 42 SOD
March 2017 Vol-RD1).

5. Claimant’s letter Claimant submitted Quality Assurance Annexure R-39

dated 05-06-2017 Plan Page 64 SOD Vol-
RD-1
6. 05-06-2017 Labour license obtained in April 2017 Annexure R-39
Page 64 SOD Vol-
Claimant’s letter Copy of license. RD-1

Annexure R- 19
Page 28 SOD Vol-
RD-1).
7. Minutes of the Respondent alleges that MOM confirms Annexure R-43
meeting dated Claimant’s above failures. Some of page 75-77 SOD
09-06-2017 which are reproduced below: Vol-ROD1

  Site laboratory not yet fully

established
  Arrangement for paver block
supply / production yet to be
done
  No arrangement of batching
plant for undertaking RCC
  Muktapur road diversion work
yet at earthwork stage
  Chain link fencing work yet to
commence
   PEB design not submitted

8. Respondent’s 1. Content of letter dt.30.5.2017 of Annexure R-49

letter dated the Claimant (that they have page 86 SOD Vol-
22.06.2017 commenced work on some of RD1
the available work fronts) was
refuted.

9. 06-07-2017 The issue of BGB was resolved with

issuing of revision of layout plan.
10. July 2017 Respondent alleges that there was
inadequate deployment of resources
and non-completion of pre-
construction activities till July 2017 in
general and even thereafter upto April
2018 of any building / structure
foundation work.
11. 10-08-2017 1. Claimant submitted Job Mix Annexure R-73
Formula for M-25/M-30 Page 138 SOD vol
Respondent’s concrete RD-1
letter
12. Minutes of Not setting-up complete Laboratory till Annexure R-88
meeting dated September 2017 Page 164-166 SOD
11- 09-2017 Vol-RD1
13. Minutes of Concrete batching plant mobilized in Annexure R-124
meeting dated April 2018, 20 months after award of Page 255-257 SOD
23-04-2018 work Vol- RD2

14. April 2018 Claimant mobilised CC batching plant

Respondent alleges that Claimant

abnormally delayed the preliminary /
pre-construction activities, which are
independent of handing over of site
and was not in position to take up any
building work on ground till April 2018
(i.e. more than 19 months after award
of work)
15. RITES email dated  The issue raised be the Claimant Part of Ann. C-53
11-10-2018 in early October 2018, was page 126 SOC Vol-
already clarified by RITES CD1
 From the reply it is clear that
the works stopped by BGB are
only peripheral minor activities
like a small portion of drain
(30m). Same was with chain link
 fencing also where only a minor
section falling in a particular
patch was stopped temporarily
for a few days and there was no
hinderance to remaining major
portion of the work.

16. Minutes of There was no restriction in earthwork Annexure R-163

meeting dated either in filling or in excavation, Apart page 349-351 SOD
14-11-2018 from very minor hindrance to drain / Vol-CD2)
chain link fencing, all other work fronts
were available to the Claimant without
any hindrance.