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Forensic Claims Analysis

EOT for a Particular Section of the Road

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Prageeth ChandrasiriMember for 15 years 3 months
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Dear All,

I have a problem related to an EOT Claim. Our project is a 10 Km long Highway & there are no sectional project completion dates as per contract.

Currently, work is in progress but behind the schedule. Unfortunately, at the very end sections of the project, we encountered a Unforseen Physical obstruction. So that, now the Engineer is planning to grant a EOT for that particular section (0.50Km) only & has instructed to the contractor to complete the other works (9.50Km) as per contract.      

Please clarify whether this is inacordance with the contract or not

Thank You in advance.

Prageeth 

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  1. 0
    Mike Testro ·
    #1

    Hi PrageethIt depends what it

    Hi Prageeth

    It depends what it says in your contract but a whole project cannot be split into sections for the sake of extensions of time.

    What you have here is a concurrent delay situation where the contractor's late work is concurrent with excusable delays.

    It may end up that you get your EoT for the Tie-ins but no delay related costs.

    It may be that the Engineer is trying to achieve this result but in a roundabout way.

    You will need to establish the direct cause and effect of each head of delay on the completion date and then set out your concurrency case.

    Best regards

    Mike Testro

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  2. 0
    Prageeth Chandrasiri ·
    #2

    Thanks Mike for responding to

    Thanks Mike for responding to my query and to your valuable comments.

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