Construction Law/EOT for Additional Work Instructed after Completion Date
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 works 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. My questions:
(i) 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 2015).
(ii) If yes then how to calculate how much EOT he can be granted.
(iii) Also can you please advise if for say two works instructed (at different times but after the contractual completion date) will the EOT entitlement be for (i) both works added together, or (ii) only for the one which is the longest duration. To elucidate say one work is instructed in Feb 2015 requiring 1 months and the other say in May 2015 requiring 2 months the EOT will be 1 month added to contractual completion date or 2 months or 3 months total.
Thanks in advance.
Sorry for late reply.
Regarding your questions.
(i) If you have instructed the variation to the Contractor, the Contractor is entitled for extension of time("EOT"). It does not matter whether he is in delay or not. During the assessment of EOT, you can considered the additional time as concurrent delay, but you have to prove it. If delay is proved as concurrent delay, still contractor is entitle for EOT. In such case you can not levy any LD on the Contractor and the Contractor can not claim any prolongation cost.
(ii) The calculation of EOT is depend upon the effect on the event on the critical path. The Contractor need to submitted its delay analysis with his claim for EOT. It also depend on the method of analysis of delay.
(iii) Based on the situation mention in you question, the Contractor is entitle for 3 months EOT, but it depend upon the effect on the Critical path and method of analysis.
I hope my answer will satisfy your query.
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