STATE MINISTRY OF PROVINCIAL COUNCIL AND LOCAL GOVERNMENT AFFAIRS

World Bank Funded Transport Connectivity & Asset Management Project - Loan No.P132833

Contract No: MPCLGS/PRDP/UV/05RR

CLAIM NO-05

o Variation or other substantial change in the quantity of an item of work included in the
Contract
Concrete Crushing (Rubblization) for base improvement

EMPLOYER -CHIEF SECRETARY (UVA PROVINCE)

ENGINEER -PROJECT IMPLEMENTATION CONSULTANT

CONTRACTOR- SUHADA ENTERPRISES

ANNEXTURE 01
NOTICE TO CLAIM
REVISED CONSTRUCTION PROGRAMME
CLAIM FOR EXTENSION OF TIME TO THE CONTRACT PERIOD (EOT CLAIM NO: 04)

01. INTRODUCTION
1.1 Objective
The purpose of this report is to claim Extension of Time for the above project due to
following causes. Upon the occurrences of this events, as we were failing or delaying
performance, we notified to the Engineer in writing set forth the nature of the occurrence, its’
expected duration and how it has affected pursuant to the sub clause 20.1 in GC. Hence
Suhada Enterprises is entitled to an Extension of the Time for Completion if and to the extent
that completion for the purposes of sub clause 10.1 was delayed by following causes.

1.2 Contract Particulars

Contract Dates
Letter of Acceptance -2021.08.26
Time for Completion - 450 Days
Due Date of Completion -17th December 2022
Revised Date of Completion - 13th September 2023
Accepted Contract Amount - Rs. 381,688,184.20

02. Variation or other substantial change in the quantity of an item of work included in the
Contract

2.1 Background
01. As per the original scope of work we have submitted Construction Programme and
approved by the Engineer. Further submissions for EOT 01, 02, 03 & 04 were also accepted
by the Engineer.
03. According to the Construction Programme, major works to be complied with the critical
path to complete the project before the completion date of extended completion date are,
a) Road works
b) Structure works
c) Site Clearing
d) Earth works
As per the planned milestones to gain the required physical progress over the last period was not
drastically able due to their supporting environment and physical site conditions.

2.2 Impact of the variation on the construction programme

Existing road surface from 2+000 to 3+500 consist with cracked and damaged concrete
surface which will not suit to overlay the DGAB due to their probabilities of slab movements
and reflective cracking.
Rubblization is the process of fracturing the worn-out concrete into small, typically 2- to 6-
inch, pieces and converting it into an interlocked but flexible base material. The rubblizing
process breaks the bonds throughout the concrete, eliminates slab movement, and nearly
eliminates the possibility of reflective cracking. The process includes “rubblizing” the
concrete pavement, then compacting and solidifying the roadbed before resurfacing.
Hence the revised programme had to be revised again according this pre requirement. Impact
of this item will affect to the critical path of the project and impact was analyzed through a
Case Study.
2.3 Contractor’s Entitlement for an EOT

We have made our intention to Claim for Extension of Time for the contract period with our
letters.

Pursuant to the sub clause 8.4 (a) general conditions set forth in Section VIIӀ,

“a Variation (unless an adjustment to the Time for Completion has been agreed under sub
clause 13.3 (variation procedure))” or other substantial change in the quantity of an item of
work included in the Contract”

Hence effect of this can be considered under Compensation Event pursuant to the sub clause
8.4.(a) Therefore, occurrences of these failures to perform under contract, complied with the
sequences of failures done by these variations which has made a direct or indirect impact.

Further neither party shall be responsible or liable to the other, for the failure or delay in the
performance of these contractual obligations due to this contingency beyond the party’s
reasonable control. Applicability of this, we, Suhada Enterprises has used its contractually
reasonable effort to overcome, eliminate or cure any such causes and resume the performance
of our obligation.

Pursuant to the sub clause 8.4 GC contractor is entitled to an Extension of Time if a

compensation event occurs or a Variation is issued which make it impossible for completion
to be achieved by the intended Completion date.

We have made our intention to claim for Extension of Time for the contract period by our
previous letters.
2.4 Number of Days of EOT

2.4.1 Calculation

In order to determine (EOT) extension of time claims with references of delays following
method is generally used

2.4.1.a Time-Impact Analysis Method

The contractor has applied Time Impact Analysis method and was fruitful in getting a time
extension due to the various delay which didn't involve contractor fault. The overlapping
delays or concurrent delays were deducted with the consent of the employer. The contractor
used the As Impacted Baseline Program method to find out the concurrent delays
 Activity/ Cause of delay Delay (in days) w.r.t. Base Line Programme
Concrete Crushing & Compaction 12
ABC laying and Compaction 05
Testing & Surveying 02

Table 01. Details of Crushing

According to the examined weather records of meteorological department, following dates

were recorded as exceptionally adverse days to disrupt the continuation of works of the
project.

Hence, Suhada Enterprises intend to claim 19 Days of EOT since 13/09/2023.

By considering all these factors you are kindly requested to consider the Extension of
Time for the balance work of the project up to 06 th October 2023. Because, above
considered effect has been affecting to the critical path of the project for this whole
period.

Hence our intended Date of Extension is 02/10/2023