Construction Law/Variation

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Question
Dear Sir,

For Variation issued after completion time, but before practical completion dated:-
  
how would the addition time required for execution of the variation be applied?

Would the time for the execution of the works subsequent to the variation, which are already part of the original contract be added to determine the revised date of completion?

The Contractor was not also able to start the execution of the variation straightaway because of the Employer's problem with granting of obstruction free Site possession. But the Contractor is currently working on other section where there is no possession of Site problem.  Kindly advise me how we should assess the impact of the variation and possession of Site problem on the completion time and the contractor’s entitlement to extension of time.

I am deeply indebted in advance.

Alemu

Answer
Hi Alemu
I assume from your description that the contractor is in culpable delay at the same time that the variation delay is occurring.
This is a classic concurrency situation.
You have to remember that time and money are separate factors and whereas the contractor may be entitled to an EoT and relief from damages he may not be allowed to claim for his costs.
In your case it would appear that the contractor is entitled to an EoT for the duration of the impact of the variation and thus get relief for LAD's for that period of time.
This principle is known as an "Act of Prevention" which automatically gives rise to an EoT - the possibility that the contractor may also be in delay does not over ride this fact.
If his own culpable delays extend further then LAD's could be deducted for that extra period.
The contractor's recovery of prolongation costs will be diminished by the extent of his own concurrent delays.
I trust that helps.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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