1.Outline four areas within the above clause that could be identified as being unbalanced and give reasons why. I.The contractor gives the Superintendent, within 5 business days of when the Contractor should reasonably have become aware of that causation occurring, a written claim for an EOT evidencing the facts of causation and of the delay to WUC and any (Milestones).
The reason for this being unbalanced is that 5 business days is too short of a time frame for the contractor to both collate all the relevant documents from certain people or organisations and then to write a formal claim also takes time especially if legal parties are involved.
II.A comparison of the planned and as-executed critical path at the time when the delay occurred
It is too difficult and unrealistic for the contractor to impact a delay into the construction programme without knowing the extent of the delay for example if a long lead item is delayed the contractor will have no idea on when the procurement item is due to arrive, the extent of the duration could affect the critical path in different ways
III.If the contractor fails to give such a notice within the period required by this clause, the contractor shall have no claim arising out or in connection with any other delay.
This is very extreme and is a link to the time frame of 5 days being a short term to provide evidence sometimes it is very hard and time consuming for the contactor to provide evidence even if the delays is actually present.
IV.Or Subsequent delays from the original delay which should have been so notified.
Each delay should be assessed on its own merit against the programme.
2.Rewrite the clause or those areas that you believe are unbalanced or unfair so that clause could be seen as evenly balanced towards all parties.
Please refer to the relevant clause number above.
I.The contractor gives the Superintendent, within 28 business days of when the Contractor should reasonably have become aware of that causation occurring, a written claim for an EOT evidencing the facts of causation and of the delay to WUC and any (Milestones).
II.A comparison of the planned and as-executed critical path at the time when the delay seizes
III.If the contractor fails to give notice within the period required by this clause, the contractor shall not be entitled to any claim until such information is provided.
IV.Any subsequent delay from the original delay shall also require evidence prior to any EOT granted.
Provide a written explanation identifying how you as the contractor can ensure that they do not default on the contract addressing each point from A to E. Provide no more than half a page on each point.
Courtney from Study Moose
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