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APPLICATION FOR EXTENSION OF TIME [EOT]

CONTRAT DETAILS: C.NO: D11 RV/BRO 002 JOB NO. 1477 TENDER DATE: 12.05. 2010 COMMENCEMENT DATE: 2.11.2010 ORIGINAL COMPLETION DATE: 2.05.2012 REVISED COMPLETION DATE: 18.12.2010

BY QS. NAHINGA DAVID

Our ref: KBR/01/2013/EOT2 TABLE OF CONTENTS:


ITEM Cover Letter Statement of Claims Substantiation of Claim (Exhibits) Revised Programme of Works Photographs (Excavations, Worktops, Staircase etc) PAGE 2 4-8 9 -39 14 35-39

Our ref: KBR/01/2013/EOT2 1st April 2013 The Project Architect, Ministry of Public Works, P.o box 30743 - 00100, Nairobi. Dear Sir, REF: APPLICATION FOR EXTENSION OF TIME FOR CONTRACT NUMBER D11 RV/BRO 002 JOB NO. 1477

The above refers. We herewith make application for extension of time pursuant to Clause 17 of the Conditions of Contract, having previously given notice of our intention to claim for delay by cover of our letters dated 3rd December 2012 and 27th February 2013 and now noting the consequence of such delays to be reasonably apparent. A summary of the circumstances that gave rise to the delay are: A) Delays in the issue of drawings as per Clause 24.1 (c) of the contract B) Adverse ground conditions as described in Clause 24.1 (f) of the contract C) Instructions dealing with unforeseen conditions as provided in Clause 24.1 (g) D) Delays occasioned by Nominated Contractors ( Clause 24.1(h)) E) Extra Works other than works in the original contract as stipulated in Clause 24.1 (f) F) Additional Works in the form of variations as stipulated in Clause 22 causing the contractor to take workers off critical activities and hence take longer to construct the entire Works G) Delayed issue of Payment Certificates in breach of Clause 23.1 H) Delayed honouring of Certified Payment Certificates in breach of Clause 23.3 I) Inclement weather making it difficult to access source of building sand at Kerio Valley and adversely affecting on-going works.
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As a result of the above Items A to item I, the contractor is entitled to extension of time as stipulated in Clause 24.2 as expounded hereinafter in the Statement of Claims and the Substantiation of Claims. We trust our request shall be honored to enable us complete the remaining works. Kind regards

Qs.David Nahinga

Cc: Chief Quantity Surveyor

2.0 STATEMENT OF CLAIMS A combination of the above factors previously notified is as detailed hereunder:ITEM DESCRIPTION OF DELAY DELAY (DAYS) A Delayed issue of drawings as per Clause 24.1(c) and precontract meeting minute 00.02. Item 04 held on 2nd November 2010: (i)The instructions/drawings for underpinning sagging 681 days after basement were given on 13nth September 2012 Start Date (ii)The drawings and details for the road works were received in March 2012 (see minute 00.03.00 Item 05 of 23rd August 2011 and Minutes for 24th Jan. 2012 00.03.03 and Minute 00.02.02) (iii) Drawings for fresh staircase issued after 3 months (See minute 00.05.01 of 22nd November 2013) (iv) The revised site plan from the Project Manager had not been received after 6 months ( see minute 00.03.00 Item 04 of 23rd August 2011 and Minute 00.03.04 indicating drawings not received as at 18th October 2011) (v) Drawings for hostel washrooms had not been received after 31 weeks into the project (see minutes 00.02.05 Item 01 of 30th June 2011) The Main Contractor further requested for drawings (Minute 00.03.00 Item 10 of 30th June 2011, Minute 00.03.02 of 18nth October 2011) (vi) The door and window schedules were provided on November 14th 2012 (via e-mail) (vii) Drawings for the administration block had to be revised (See Minute 00.04.04 of 6th March 2012) 515 days after Start Date

90 days after Instruction 381 days after Start Date

302 days after Start Date

774 days after Start Date 57 days to Original Completion Date


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Adverse Ground Conditions that was unforeseen in contract documentation as per Clause 24.1 (f): (i)The anticipated volume of excavation in hard rock in the Bills of Quantities was 500 cm (Item TB/1 J), 239 cm (Item ADM/1/J) and 2cm (Item GH/I/G) totaling 741 cubic metres. However, this increased to 7,237 cm for Item TB/1/J and 4546 cubic metres for Item ADM/1/J (see Payment Certificate Number 1 to 11 attached) This shows that more time was required to excavate hard rock ( 741cm provision vs. 11,763 cm actual) Site Minute 00.03.05 indicates there was a delay of 24 Weeks

168 Days

(ii) Underpinning Works: As per minutes of 22nd February, 2011 the unforeseen conditions of the sagging hostel basements necessitated generation of fresh drawings, new works and sourcing materials not readily available in the market. See our application dated 27th February 2013 for details 60 days C Instructions dealing with unforeseen site conditions (Clause 24.1(g): (i)Instruction dated 30.07.2011 by Project Architect to move walkway on upper side of Administration Block (ii) Instruction dated 18.10.2011 by Project Architect to step lower part of the Administration block from the position where the stair ends with 10 steps (1500mm)

14 days

38 days

(iii)Instructions dated 30.06.2011 by Structural Engineer 16 days for Column bases along grid 13----13 to be re-designed due to presence of service sewer line. (iv)Revised Foundation drawings to relocate main entrance dated 30.06.2011 24 days

(v)Instruction dated 7.07.2011 to halve entrance at grid 06---06 to 07---07 by 4.8m (vi)Instructions dated 24.04.2012 to add 2Y12 bars to the 200mm by 800mm beams whose initial height was increased from 600mm (vii) Instruction dated 13.09.2012 to do propping and underpinning for lower basement of hostels (viii)Instructions dated 07.07.2011 for corridors, ablution and staircase to be finished with terrazzo (ix) Instruction dated 21.09.2011 to erect new staircase to hostel block by Project Structural Engineer D Delays caused by Other Nominated sub-contractors (Clause 24.1g) : (i)The electrical sub-contractor caused delays to the hostel works and the Main Contractor raised issue in meetings and did a letter attached to this claim. (ii)The delays caused by Mechanical Sub-Contractors and late instructions in erecting 4No. worktops which came in January 2013 Extra Works as stipulated in Clause 24.1(f): (i)Tuition Block: There was an instruction to change the height to floor slab from 2850mm to 3600mm which necessitated removal of entire formwork and change of execution plans. Additional Works as per Clause 22 (Variations): (i) Kitchen : Instructions to undertake extra works without any drawings including plinths, re-roofing etc

14 days

9 days

48 days

60 days 74 days

90 days

30 days

24 days

120 days
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(ii)Hostel: Instructions to erect new worktops (4No.) G Delayed issue of Payment Certificates in breach of Clause 23.1 which states inter alia: The Contractor shall submit to the Project Manager monthly applications for payment.The project Manager shall check the monthly application and certify the amount to be paid to the Contractor within 14 days. (i)Cert No.1 application dated 8.12.2010, Project Manager signed on 13th Jan. 2011 causing a delay of over 14 days (ii)Cert No.2 application dated 18.02.2011, Project Manager signed on 25th July. 2011 causing a delay of over 14 days (iii)Cert No.8 application dated 9.01.2011, Project Manager signed on 14th Feb. 2012 causing a delay of over 14 days (iv)Cert No.10 application dated 14.03.2012, Project Manager signed on 28th May. 2012 causing a delay of over 14 days (v)Cert No.11 application dated 24.04.2012, Project Manager signed on 8th October. 2012 causing a delay of over 14 days

21 days

23 days

144 days

23 days

62 days

154 days

(v) Application from Contractor No.12 dated 20th 223 days August 2012 which has obtained no response to date. Delayed honoring of Certified Payment Certificates in breach of Clause 23.3 which states inter alia: The Employer shall pay the Contractor amounts certified by the Project Manager within 30 days of the date of issue of each certificate. (i)Cert No.1, Project Manager signed on 13th Jan. 2011, 89 days
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Payment was honored on 12th May 2011 causing delays in excess of over 30 days honoring period. (ii)Cert No.5, Project Manager signed on 29th November. 2011 , Payment was honored on 5th January 2012 causing delays in excess of over 30 days honoring period. (iii)Cert No.8, Project Manager signed on 14th Feb. 2012 and Payment honored on 21st August 2012 causing delays in excess of over 30 days (iv)Cert No.10, Project Manager signed on 28th May. 2012 and Payment honored on 21st August 2012 causing delays in excess of over 30 days (v)Cert No.11, Project Manager signed on 8th October. 2012 and Payment honored on 21st December 2012 causing delays in excess of over 30 days I 7 days

159 days

55 days

44 days

Delays caused by Inclement Weather experienced in the 28 days months of June, July and August 2011 causing difficulty in obtaining building sand from source and difficulty in scheduled works. (See site meeting minutes for 18th October 2012 No. 00.03.06) As can be seen from the above analysis, there is a cumulative total delay of more than 921 days. However, we now request for extension of time of 54 weeks. Kind regards

Qs.David Nahinga

Cc: Chief Quantity Surveyor


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3.0 SUBSTATIATION OF CLAIMS: PART A: LETTERS FROM MAIN CONTRACTOR Delay Payment Analysis Letter to Sub-Contractor Letter on Extension of Time dated 3rd December 2012 Letter showing Delays in Payments (Up to 617 days) Initial extension of time by M.O.W Revised Programme of Works

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11

12

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REVISED WORKS PROGRAMME

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PART B: SITE MINUTES ON ISSUES RAISED (References) 1. Minutes of pre-contract meeting held on 2nd November, 2010 at 10.00 am 2. Minutes of site meeting held on 23rd August, 2011 at 11.00 am 3. Minutes of site meeting held on 30th June, 2011 at 11.00 am 4. Minutes of site meeting held on 30th June, 2011 at 11.00 am 5. Minutes of site meeting held on 18th October, 2011 at 11.00 am 6. Minutes of site meeting held on 24th January, 2012 at 11.00 am 7. Minutes of site meeting held on 6th March, 2012 at 12.00 am 8. Minutes of site meeting held on 24th April, 2012 at 11.00 am 9. Minutes of site meeting held on 18th December, 2012 at 9:30 am

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PART C: COPIES OF PAYMENT CERTIFICATE WITH DELAYS - Payment Certificate No. 01

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17

18

Payment Certificate No. 05

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20

21

22

Payment Certificate No. 08 of

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24

25

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Payment Certificate No. 10

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28

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Payment Certificate No. 11

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31

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PART D: PROJECT PHOTOGRAPHS ON EXTENSION OF TIME CLAIM

Photograph 01 : Erection of New Worktops

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Photograph 02 : Terrazzo Finishes, New Plinth and New Magnetic Door Catchers

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Photograph 03(i) : Demolition of Defective Staircase & Erection of New One

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Photograph 03(ii) : Demolition of Defective Staircase & Erection of New One

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Photograph 04 : Excavations in Hard Rock

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