Construction Law/Time Extension
Would appreciate your answer to the following question.
In my road project the contractual completion date was 22 Feb 2014 and the contractor was awarded time extension upto 14 Nov 2014 without costs. The contractor has still not completed the work and he has submiited a program to complete it by 30 Sep 2015. On 27 Jan 2015 the contractor was given site instruction to provide concrete crash barrier on a junction. Work on the junction is still not completed and the crash barrier is not critical to the opening of the road. In fact traffic on one side is running. The contractor has written that he will take 30 days to do this work and is entitled to 30 days time extension from 27 Jan 2015. Providing concrete crash barriers is a BOQ item. My question is (i) Is he entitled to time extension when he himself has not completed this junction and moreover will continue to work at site till 30 Sep 2015, (ii) If entitled will the time extesion of 30 days be calculated from 14 Nov 2014 or 27 Jan 2015.
Thanks in advance
I am trying to answer your queries regarding the situation explained by you in the contract.
1. Contractor has not entitled for any further extension of time without cost. For any further delay penalty will be charged. Crash barrier fixing activity will be treated as out standing work and that will be performed during DLP period.
2. If authority agreed to give time extension of 30 days for fixing of Crash barrier that will be calculated from 14th Nov 2014 only rest of the period will be treated as days for delay in work and penalty will be imposed as per provisions of special condition of contract.
I hope this will help to you.