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Construction Law/Time Extension for Additional Work

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Question
Hi Sanjay:
In our project the extended contractual completion date has expired in November 2014 and the contractor expects to complete his works by September 2015. Penalty is being levied on him for the delay since December 2014.
Since December 2014 I have asked the contractor to carry out some work which are small in nature. Each of these works would not take more than a month to complete. In other words the contractor can complete these works BEFORE he completes his works in September 2015.
Can you please advise if the Contractor is entitled to a extension of time (thereby reducing his penalty) because of these work instructions even though they do not extend his own practical completion time (Sep 15). If yes then how to calculate how much EOT he can be granted.
Say if three work instructions are issued, each of them requring 1 month ( but can be performed concurrently)is he entitled to 1 month EOT or 3 months?
Thanks in advance.
regards
suprio

Answer
Dear Suprio
Hello!
At a glance contractor is entitle for an EOT for additional work instructed to him after expiration of extended contractual completion date and before expected completion of work.
An EOT will be granted if works can be perform concurrently then up to completion of additional works evaluated to complete. The time for an EOT will be upto end date of  evaluated completion date of additional works since december,14.
Penalty amount will be reduced accordingly.

I hope this will in line of your desired clarifications.  

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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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