Construction Law/possession of site

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Question
Situation:
We have a bridge site over Koshi river Nepal. The agreement was done 26th asad 2069 B.S. the site possession date was start date. We got the site possession letter only on 21st of Aswin by fax. During our site visit we didn't get the bench marks or any other sufficient points to locate the bridge axis and till this date we are not provided any such points.My questions are:

1, Does the site possession means only handling the letter? What is its exact meaning?

2, How this situation can be converted into compensation event?

3,What type of letter do u suggest?

Answer
Dear kc
hello
Reply of your your questions are as under.
1.Meaning of site possession is hindrance free site handing over to the contractor at the location not only by the letter.The Employer shall give the Contractor right of access to, and possession of, all parts of the Site within the time (or times) stated in the Contract Data.
2.If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice.
(a)     an extension of time for any such delay and
(b)    Payment of any such Cost plus profit, which shall be included in the Contract Price.
3.Notice under contractor's claim for EOT and Recovery of cost with profit for such delay in possession.
I hope this will help to you,any other query in this regard you are welcome for further clarifications.
With best regards
Sanjay Khandelwal

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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