EOT Claim No. 1 Final

Construction Works of Jigjiga –
Gelelesh-Deghmedo-Segeg Road
March 2020
Project; Contract I: 0+000 –
55+400 (55.4km)
CONTRACTOR’S APPLICATION
FOR
EXTENSION OF TIME (CLAIM No. 1)
Contractor: China Communication Construction Company (Ltd.)

Employer: Ethiopian Roads Authority
Engineer: DANA& Associates Engineering Consultants Plc.
Extension of Time Claim No. 01 March 2020
Table of Contents
1. Executive Summary..............................................................................................................2
2. Introduction..........................................................................................................................4
2.1. Background Information..................................................................................................4
2.2. Purpose of the Claim........................................................................................................4
2.3. Elements that Give Rise to this Claim.............................................................................5
3. Contract Details....................................................................................................................5
4. Detail Particulars of the Extension of Time Claim Heads....................................................6
4.2. Claim Head No. 1: Delay and Disruption due to Employer’s Risk Events.....................6
4.2.1. Succinct Statement of the Claim................................................................................6
4.2.2. Contractual Background of Entitlement....................................................................8
4.2.3. Contractual Compliance..........................................................................................14
4.2.4. Liability of the Delaying Event...............................................................................15
4.2.5. Cause and Effect Particulars....................................................................................16
4.2.6. Detailed Particulars of the Claim.............................................................................17
4.2.7. Delay Analysis and Quantum of the Claim.............................................................18
4.2.8. Substantiation and Documentations........................................................................19
4.2.9. Mitigation Measure Taken.......................................................................................20
4.3. Claim Head No. 2: Delay Due to Increase in Quantity of Work (Additional Works of
Minor Drainage Structures)...........................................................................................20
4.3.1. The Event and Scope of Claim................................................................................20
4.3.2. Contractual Background of Entitlement..................................................................20
4.3.3. Contractual Compliance..........................................................................................23
4.3.4. Liability of the Event...............................................................................................23
4.3.7. Quantum of the Claim.............................................................................................24
4.4. Claim Head No. 3: Delay Due to Right of Way Problem and Failure to provide
Possession of Site..........................................................................................................26
4.4.1. The Event and Scope of Claim.............................................................................26
4.4.2. Contractual Background of Entitlement.............................................................26
4.4.3. Contractual Compliance.......................................................................................29
4.4.4. Liability of the Delaying Event...............................................................................31
4.4.7. Delay Analysis and Quantum of the Claim.............................................................35
4.4.10. Summary of Claims.................................................................................................38
1 CCCC
1. Executive Summary
1.1.1. A Contract Agreement was signed between the Ethiopian Roads Authority (hereinafter called
“the Employer”) and China Communication Construction Company (Ltd.) (herein after called
“the Contractor”) on March 13, 2017 for the construction works of Construction Works of Jigjiga
- Gelelesh-Deghmedo-Segeg Road Project; Contract I: 0+000 – 55+400 (55.4km) (herein after
called “the Contract”). The parties to the Contract made this agreement with a common intention
and understanding of all the terms, conditions and mutual interpretation of all documents
incorporated in the Contract.
1.1.2. DANA& Associates Engineering Consultants Plc. (hereinafter called “the Engineer”) is assigned
as supervision consultant to discharge the duties and responsibilities of the Engineer defined in
the Contract.
1.1.3. During the execution of the work, the Contractor was prevented from commencing and/or
continuing with the works by owing to the events in connection with;
 Disruption due to riot and commotion erupted at the construction sites and.
 Extra or Additional Works in connection with the Constructions of Minor Drainage

structures
 Delay in Granting Possession of Site
1.1.4. The foregoing events had caused the progress of the project to vary from the original anticipation
of the Contractor’s work program and hence, the project has suffered to an inevitable delay in
progress. During the execution of the project works, it is discovered that the quantity of drainage
works in particular to pipe and slab culverts of different size has enormously increased from the
original quantity indicated in the contract BOQ, which requires additional time to execute and
complete the works of this additional works.
1.1.5. The purpose of this submission is therefore, revitalize our previous request for extension of time
to owing to the foregoing events and thereby establish the Contractor’s entitlement to an
extension of time and eventual establishment of revised completion date as a result of the
aforesaid matters pursuant to the requirements of the Contract.
1.1.6. The aggregate time implication is measured and resulted with an extension of time claim of 777
calendar days in accordance with the provisions of Sub-Clause 20.4 [Employer’s Risks] of
GCC, Sub-Clause 40.1[Suspension of Work] of GCC, Sub-Clause 65.2 [Special Risks] of the
GCC, Sub-Clause 42.2 [Failure to give Possession], Sub-Clause 51.1 [Variations] and Sub-
Clause 44.1: [Extension of Time for Completion] – item (a), (b), (d) & (e) of the conditions of
contract.
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1.1.7. This submission does not encompass any additional cost claim that had been incurred and to be
incurred by the Contractor in effect of the delaying events substantiated herein. The Contractor
reserves his right to claim as deemed necessary, in separate submissions in the coming future.
1.1.8. This claim submission contains:
 Introduction Part: provides the description of the parties involved in the Contract, the
outline of brief details of the project, describe the purpose and elements that have caused
the Contractor’s extension of time claim.
 Basic Contract Data: includes a tabulated basic summary data of the Contract.
 Detailed Particulars of the Contractor’s Claim: this section among others, contains the
detailed body of the Contractor’s claim explaining the chronological order of the
elements that give rise to the claim, cause and effect analysis, delay analysis & quantum
or time computation and other relevant information for each claim heads.
 Summary of Claim: this section provides summary of claim requested by the

Contractor.
 Annexes: calculations, demonstrations, programs, copies of all the relevant documents

and others.
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2. Introduction
2.1. Background Information

2.1.1. A Contract Agreement was signed on March 13, 2017 between Ethiopian Roads Authority and
China Communication Construction Company (Ltd.) for the Construction Works of Jigjiga -
Gelelesh-Deghmedo-Segeg Road Project; Contract I: 0+000 – 55+400 (55.4km).
2.1.2. The Contract Document of the project is composed of the contractual requirements including
Conditions of Contract (Part I), FIDIC Conditions of Contract for works of Civil Engineering
Construction, fourth edition 1987 reprinted 1992 as a General Conditions of Contract (GCC)
along with the stipulations and provisions of Conditions of Contract (Part II) Conditions of
Particular Application (CoPA) and various components of the Contract as depicted in the
Contract document.
2.1.3. The law in force as stipulated under the provisions of Sub-Clause 5.1(b) is that of the Federal
Democratic Republic of Ethiopia, and accordingly, the Contract is governed and/or supported by
Book V, Title XIX – Administrative Contracts: Contracts in General of Civil Code and its
amendments.
2.1.4. The scope of the project includes the execution and completion of the construction works and
remedying of any defects therein for a part of project length (55.4km) asphalt concrete road from
the part of Jigjiga - Gelelesh-Deghmedo-Segeg Road Project, which extends from station 0+000 –
55+400 with the accepted total Contract Price of ETB 1,064,407,802.78 (Ethiopian Birr: One
Billion Sixty-Four Million Four Hundred Seven Eight Hundred Two and cents Seventy-Eight
only) including 15% Value Added Tax (VAT).
2.2. Purpose of the Claim

2.2.1. The main purpose of this claim submission is derived from the delaying/ and or disruption events
and change in the scope of the original contract that entitles the Contractor to an extension of time
pursuant to the requirements of Sub-Clause 44.1 of the GCC. In supplement, the Contractor has
also incorporated the necessary contemporary records of the events that substantiate his claim in
accordance with the requirement of the Conditions of Contract.
2.2.2. Therefore, the Contractor by this claim submission requests extension of time in line with the
relevant provisions of the GCC, CoPA and pertinent Law of the FDRE.
2.3. Elements that Give Rise to this Claim

2.3.1. The rationale of this claim submission relates to the Contractor’s effort to get extension of time
with regard to;
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 Delay owing to the disruption of works as a consequence of riot, commotion and disorder
that had been occurred on the project site which resulted in complete suspension of the
project activity.
 Time required for the execution of extra/additional works in connection with quantity
increase of minor drainage structure (i.e. pipe and slab culverts).
 Delay in granting possession of Site for the road section as well as borrow pits which as a
consequence has affected the Contractor’s execution of the permanent work.
2.3.2. The foregoing culpable delay events of the Employer had affected the progress of the work and
caused delay to alter the completion date of the project. Therefore, this extension of time request
emanates from the foregoing events based on the provisions of the Contract.
3. Contract Details
Table 1: [Summary of Contract Data Details]
Title Description
Project Name Construction Works of Jigjiga - Gelelesh-Deghmedo-Segeg Road
Project; Contract I: 0+000 – 55+400 (55.4km)
Project Location Somali Region
Employer Ethiopian Roads Authority
Contractor China Communication Construction Company (Ltd)
Consultant DANA& Associates Engineering Consultants Plc
Type of Contract Admeasurement/BoQ
Pavement Type Asphalt Concrete Surfacing
Project Length 55.4km
Date of Contract Signature March 13, 2017
Commencement Date May 02, 2017
Contract amount including VAT ETB: 1,064,407,802.78
Variation order None
Payment Proportion 85% in Local Currency (ETB) and 15% in USD
Time for Completion 1095 calendar days
Completion Date May 01, 2020
Extension of Time None
Revised Completion Date Not Revised
Defect Notification Period 365 days
Performance Security 10% of the Contract Price
Retention Money 5 % of monthly interim payment certificate
5 CCCC
4. Detail Particulars of the Extension of Time Claim Heads
4.1.1. As of the commencement date, the Contractor has been attempting to progress and complete the
project works within the contemporary time for completion. But, during execution of the works,
the Contractor’s ability to progress the work, as planned, has been affected by delaying events
beyond his control.
 These delaying events that arose the causes of the claim are;
 Claim Head No 1: Disruption due to Employer’s Risk Events

 Claim Head No 2: Delay due to Increase in quantity of work (Additional Drainage
Structure)
 Claim Head No 3: Delay due to Right of Way Problem and failure to provide
possession of Site.
 The foregoing claim heads are further described in subsequent section along with detailed analysis
and quantum of the claim.
4.2. Claim Head No. 1: Delay and Disruption due to Employer’s Risk Events
1.
2.
3.
4.
4.1.
4.2.1. Succinct Statement of the Claim

4.2.1.1. The incidents of riot/commotion happened on the project vicinity has affected the
Contractor’s performance for which we had been suffered on the project which resulted in
complete suspension of the project works as a whole starting from the date on which the incident
were happed and widespread throughout the region and until the time the events became calm to
the condition where the Contractor is be able to resume the halted project works.
4.2.1.2. It is evident that, the Contractor has disrupted of executing the works of the project due
to the encountered public unrest happened on the project vicinity due to the occurrence of
riot/commotion erupted in the Somali region and later spread-out to the nearby region of Oromia
regional state which resulted in a conflict between peoples residing on/around the border of
Ethiopian Somali National Regional State and Oromia National Regional State during period
from the months of August 2018 to October 2018 for which the Contractor has submitted his
6 CCCC
notification through the letter Ref. No. JG Project [2018]/JG/375 dated August 08, 2018, and Ref.
No. JG Project [2018] IJG/376 dated August 30, 2018.
4.2.1.3. As the records and the notification made therewith clearly reveals, the disruption of
works due the above stated Employer’s Risk event had completely suspended the construction
works of the project and thereby leads to the remobilization of the Contractor’s and Consultant’s
staff from the project site. The disruption of executing the project works owing to the occurrence
of riot/civil commotion and the overall instability problems noted in the region specifically in the
project vicinity had been occurred since the period August 04, 2018 and its consequences had
been propagated to the October 26, 2018, after which the Contractor had hardly back to the
normal working environment though it had not completely brought the Contractor’s favorable
working sprit to its full effectiveness due to the consequences owing to the psychological
embarrassment that had been imposed on the Contractor’s workers as a consequence of the
Employer’s Risk event. In addition, the conflicts committed between the tribes of Ethiopian
Somali and Oromia border residents, which intern halts the transportation facilities of the
Contractor’s staff and other construction inputs (i.e. spare parts, machineries and other
construction materials) that are required to be brought away from the project site which impacted
the Contractor’s works as a whole.
4.2.1.4. Following the occurrence of the incidents, the Contractor, through the letter Ref. No. JG
Project [2018]/JG/375 dated August 08, 2018 has submitted to the Engineer and copy to the
Employer of the security related concern and thereby requested the Engineer to give his formal
instruction to suspend the work in line with the provisions of Sub-Clause 40.1 [Suspension of
Works] of the GCC, until such time the condition become under control and calm to resume the
work. Besides, the Contractor, having scrutinized the security condition of the project, has
expressed his concern via the letter Ref. No. JG Project [2018] IJG/376 dated August 30, 2018 for
the existing security issues of the project until the date on which the letter was issued; and thereby
requested the Engineer to assist the Contractor in coordinating with the concerned local
administration and security offices to assign security forces which enhance the Contractor to
resume the work.
4.2.1.5. Further, via the same letter referenced above, the Engineer has been requested to the
make the assessment of the security situation in liaison with the Employer and to give the
Contractor of the required instruction for the resumption of the Construction works, since we
couldn’t make ourselves by our own expatriate staff due to the fact that the Contractor’s local
staff were not willing to be remobilized to the project site as a consequences of the psychological
embarrassment. Though there was no response for all our request forwarded to the Engineer and
copied to the Employer, the Contractor was engaged in the assessment of the project security
condition by himself to the best of his knowledge, and thereby remobilized a few expatriate staff
and wait for the peacefulness of the overall road stretch and the comeback of the local staff.
4.2.1.6. After prolonged delay of our request presented to the Engineer as to recommend the way
forward which could secure the Contractor’s resumption of work, the Engineer through the letter
Ref. No. DA-37K/48/2A18 dated October 01, 2018 has replied to our request referenced via the
above mentioned letters stating that “We were not in a position to officially declare suspension of
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works as we were not able to exactly determine the seriousness and the duration for which the
incident will last tong. It is, hoverer, a common fact that the project, similar to other projects in
the Somali National Regional State was temporarily closed due to the incident.” The Engineer,
via the letter referenced above, further added that “It was noted that things were returning to
normal condition and that was why you have also mobilized most of your expatriate staff and
started the necessary preparation to resume works. On August 29,2018 you started minor works
like production of Concrete precast elements, construction of masonry abutments for slab
culverts and production of aggregates at the crusher for which we assigned an assistant
laboratory technician to supervise the works.”
4.2.1.7. Here, it has to be noted that, the Engineer’s assumption where he has stated that the
works of the project was resumed as of August 29, 2018 leaving our concern expressed via our
letter issued on August 30, 2018 behind, wherein we have expressed as we have mobilized our
expatriate staff to ascertain the security condition of the site since the same was not confirmed by
the Engineer as well as the Employer irrespective of our request made for the same. After the
period thereafter, the Contractor was started some preparatory works in the camp which and
precast yard to produce the precast pipe by these expatriate staff since the local staff are still not
willing to come back to the project and start the contrition works. Until end of September 2018,
such preparatory works were continuing with limited productivity since there was no labor force
at the project and higher percentage of the previous Contractor’s local staff was resigned due to
the life threatening they had faced during the occurrence of the events.
4.2.1.8. Therefore, starting from September 26, 2018, the Contractor’s local staff was starting to
become remobilized though they are not in position to attain to their original circumstances. Until
one month from their date of remobilization (i.e. October 26, 2018), the Contractor’s was
deprived of his effective productivity which had also costed the Contractor significantly.
Moreover, out of the Contractor’s local staff, 58.4% of them has resigned from the project site
and terminated their employment (i.e. with higher percentage composition of equipment
operator, laborers, mason and assistants which are critical for the execution of the works
directly). It is clearly noticeable that with the remaining 41.6% of the staff, it is intangible to
attain maximum productivity indicated in the Contractor’s original planning. Therefore, the
Contractor’s resumption of the works as of October 26, 2018 is also not to mean the Contractor
full pledged effectiveness was achieved, rather, the it could be the Contractor’s base date on
which he has fully engage on the work at the site level with productivity increase in the
subsequent days.
4.2.2. Contractual Background of Entitlement
4.2.2.1. The following Sub-Clauses extracted from Conditions of Contract are considered relevant
to ascertain the Contractor’s Claim for Extension of time;
1. Excerpt from the General Conditions of Contract (GCC)
 Sub Clause 12.2 [Unforeseeable Physical obstructions of Conditions]
 Sub Clause 13.1 [Works to be in Accordance with the Contract]
8 CCCC
 Sub Clause 16.1 [Contractor’s Employees]
 Sub Clause 20.4 [Employer’s Risks]

 Sub Clause 40.1 [Suspension of Works]
 Sub Clause 40.2 [Engineer’s Determination Following Suspension]
 Sub Clause 44.1 [Extension of Time for Completion]
 Sub Clause 44.2 [Contractor to Provide Notification and Detailed Particulars]
 Sub Clause 65.1 [Contractor to Provide Notification and Detailed Particulars]
2. Excerpt from Conditions of Particular Application (CoPA) and Appendix to Tender
 Sub-Clause 20.4[ Employer’s Risk]
 Sub-Clause 65.2[Special Risks]
4.2.2.2. In elucidating this claim head, the Contractor hereby explains his request in reference to
provisions General Conditions of Contract, which satisfactorily support the claim.
1) The provisions of Sub-Clause 12.2. [Not foreseeable Physical Obstructions or Conditions],
among others, states the following;
 “If, however, during the execution of the Works the Contractor encounters physical
Obstructions or physical conditions, other than climatic conditions on the Site, which
obstructions or conditions were, in his opinion, not foreseeable by an Experienced
contractor, the Contractor shall forthwith give notice thereof to the Engineer, with a copy
to the Employer. On receipt of such notice, the Engineer shall, if in his opinion such
obstructions or conditions could not have been reasonably foreseen by an experienced
contractor, after due consultation with the Employer and the Contractor, determine
(a) any extension of time to which the Contractor is entitled under Clause 44,
and
(b) the amount of any costs which may have been incurred by the Contractor by
reason of such obstructions or conditions having been encountered, which
shall be added to the Contract Price,
[Emphasis Added]
2) Further to the provisions of Sub-Clause 12.2 [Not foreseeable Physical Obstructions or

Conditions] of the GCC, provisions of Article 1792 [Force Majeure] of the Civil Code of
the Empire of Ethiopian Proclamation No. 165 of 1960, also states that:
“(1) Force Majeure results from an occurrence which the debtor could normally not
foresee and which prevents him absolutely from performing his obligations.”
[Emphasis Added]
9 CCCC
3) The provisions of Sub Clause 13.1: [Work to be in Accordance with Contract], among others,
states the following;
 “Unless it is legally or physically impossible, the Contractor shall execute and complete the
Works and remedy any defects therein in strict accordance with the Contract to the
satisfaction of the Engineer. The Contractor shall comply with and adhere strictly to the
Engineer’s instructions on any matter, whether mentioned in the Contract or not, touching
or concerning the Works. The Contractor shall take instructions only from the Engineer
(or his delegate).
[Emphasis added]
4) The provisions of Sub-Clause 16.1: [Contractor’s Employees], states the following;

“The Contractor shall provide the Site in connection with the execution and
Completion of the Works and the remedying of any defects therein
(a)only such technical assistants as are skilled and experienced in their
respective callings and such foremen and leading hands as are competent
to give proper superintendence of the Works, and
(b) Such skilled, semi-skilled and unskilled labour as is necessary for the proper and
timely fulfilling of the Contractor's obligations under the Contract.”
[Emphasis added]
5) The provisions of Sub- Clause 20.4 [Employer’s Risks] among other states that:
The Employer’s risks are:
i. war, hostilities (whether war be declared or not), invasion, act of foreign

enemies,
ii. Rebellion, revolution, insurrection, or military or usurped power, or civil
war,
iii. ionizing radiations, or contamination by radio-activity from any nuclear fuel,
or from any nuclear waste from the combustion of nuclear fuel, radio-active
toxic explosive or other hazardous properties of any explosive nuclear
assembly or nuclear component thereof,
iv. pressure waves caused by aircraft or other aerial devices travelling at sonic or
supersonic speeds,
v. Riot, commotion or disorder, unless solely restricted to employees of the
Contractor or of his Subcontractors and arising from the conduct of the
Works,
vi. loss or damage due to the use or occupation by the Employer of any Section or
part of the Permanent Works, except as maybe provided for in the Contract,
10 CCCC
vii. Loss or damage to the extent that it is due to the design of the Works, other
than any part of the design provided by the Contractor or for which the
Contractor is responsible, and
viii. any operation of the forces of nature against which an experienced contractor
could not reasonably have been expected to take precautions
[Emphasis added]
6) The provisions of Sub- Clause 65.2 [Special Risks] among other states that:
The special risks are:
(a) The risks defined under paragraphs (a), (c), (d) and (e) of Sub-Clause
20.4, and
(b) The risks defined under paragraph (b) of Sub-Clause 20.4 insofar as
these relate to the country in which the Works are to be executed.
7) The provisions of Sub-Clause 40.1[Suspension of Works] of the GCC states that;
“The Contractor shall, on the instructions of the Engineer, suspend the
progress of he Works or any part thereof for such time and in such manner as
the Engineer may consider necessary and shall, during such suspension,
properly protect and secure the Works or such part thereof so far as is
necessary in the opinion of the Engineer. Unless such suspension is:
a. otherwise provided for in the Contract,

b. necessary by reason of some default of or breach of contract by the
Contractor or for which he is responsible,
c. necessary by reason of climatic conditions on the Site, or
d. Necessary for the proper execution of the works or for the safety of the
Works or any part thereof (save to the extent that such necessity arises from
any act or default by the Engineer or the Employer or from any of the risks
defined in Clause 20.4), Sub-Clause 40.2 shall apply.”
[Emphasis added]
8) The provisions of Sub-Clause 40.2[Engineer’s Determination Following Suspension] of the

GCC states that;
‘Where, pursuant to Sub-Clause 40.1, this Sub-Clause applies the Engineer shall after due
consultation with the Employer and the Contractor, determine
a. Any extension of time to which the Contractor is entitled under Clause 44,
and
11 CCCC
b. The amount, which shall be added to the Contract Price, in respect of the
cost incurred by the Contractor by reason of such suspension, and shall notify
the Contractor accordingly, with a copy to the Employer.”
[Emphasis added]
9) The provisions of Sub-Clause 43.1 [Time for Completion], states the following,
“The whole of the Works and, if applicable, any Section required to be completed within a
particular time as stated in the Appendix to Tender, shall be completed in accordance with the
provisions of Clause 48, within the time stated in the Appendix to Tender for the whole of the
Works or the Section (as the case may be), calculated from the Commencement Date, or such
extended time as may be allowed under Clause 44.”
[Emphasis added]
10) The provisions of Sub Clause 44.1 [Extension of Time for Completion], among others, states
the following;
“In the event of:
…
b) Any cause of delay referred to in these Conditions,
---
d) Any delay, impediment or prevention by the Employer, or
e) Other special circumstances which may occur, other than through a default of
or breach of contract by the Contractor or for which he is responsible,
being such as fairly to entitle the Contractor to an extension of the Time for
Completion of the Works, or any Section or part thereof, the Engineer shall,
after due consultation with the Employer and the Contractor, determine the
amount of such extension and shall notify the Contractor accordingly, with a
copy to the Employer.”
[Emphasis added]
4.2.2.3. Further to the provisions the General Conditions of Contract in elucidating this claim head, the
Contractor hereby explains his request in reference to Conditions of Contract Part II:
Conditions of Particular Application, which satisfactorily support the General Conditions of
Contract in substantiating the claim.
1. The Sub-Clause 20.4 [Employer’s Risk], states the following,
Amend Sub-Clause 20.4 to read as follows;
“The Employer’s risks are:

a) In so far as they directly affect the execution of the works in the country
i. War and hostilities (whether war be declared or not), invasion, act of

foreign enemies;
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ii. Rebellion, revolution, insurrection, or military or usurped power, or civil

war,
iii. ionizing radiations, or contamination by radio-activity from any nuclear
fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-
active toxic explosive or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof,
iv. pressure waves caused by aircraft or other aerial devices travelling at
sonic or supersonic speeds,
v. Riot, commotion or disorder, unless solely restricted to employees of the
Contractor or of his Subcontractors and arising from the conduct of the
Works,
b) loss or damage due to the use or occupation by the Employer of any Section
or part of the Permanent Works, except as maybe provided for in the Contract,
c) Loss or damage to the extent that it is due to the design of the Works, other
than any part of the design provided by the Contractor or for which the
Contractor is responsible, and
d) any operation of the forces of nature against which an experienced contractor
could not reasonably have been expected to take precautions
[Emphasis Added]
2. Sub Clause 65.2: [Special Risks], states the following addition made to this clause;
Sub-Clause 65.2 is amended to read as follows:
“The Special Risks are defined under paragraph (a) sub paragraph (i) to
(iv) of Sub-Clause 20.4”
[Emphasis Added]
3. Sub Clause 43.1: [Time for Completion], of Appendix to Tender states, 1095 calendar days.
4.2.2.4. A cumulative reading of the foregoing Sub-Clauses extracted from the Conditions of Contract
and the governing law of the contract for the event happened on the project has fully classifieds
the event as “Employer’s Risk” and also “Special Risk” for which the Contractor could not
foresee during the tendering stage as stated in the provisions of Sub-clause 12.2[Not foreseeable
physical conditions or obstructions] of the GCC and provisions of Article 1792 [Force Majeure]
of the Civil Code.
4.2.2.5. As can be noted from the above provisions of the Contract, the project can be suspended
following Engineer’s instructions during the course of progress and as such the Contractor is
required to properly protect and secure the Works or such part thereof so far as is necessary in the
opinion of the Engineer. But it has also been clearly explained under the provisions of Sub-
Clause 40.1(d) of the GCC the condition under which the Contractor is not required to wait for
the Engineer’s instruction (i.e. for the safety of the Works or any part thereof save to the extent
13 CCCC
that such necessity arises from any of the risks defined in Sub-Clause 20.4) to suspend the work
if it is found unsafe for the proper execution of the work.
4.2.2.6. In this regard, it is a matter of record that the project was suspended as a consequence of such
Employer’s Special Risk event happened on the project site from August 04, 2018 and the
subsequent days thereafter in line with the provisions of Sub-Clause 40.1 (d) of the GCC and
evacuated the resources at the construction site camp and safeguarded them with security forces
until such time the events became calm. The resumption of the project was physically impossible
as indicated in the provisions of Sub-Clause 13.1 [Works to be in accordance with the Contract]
of the GCC, as a result of which the Contractor was idled all his resources on the site as well as
away from the site for such prolonged duration.
4.2.2.7. Due to such deadly incidents happened on the project site, most of the local workers were
displaced from their home land, and the other workers that has been recruited from the location
away from the project areas were not in a position back to the project site, and resume the work
even after the event was normalized. Thus, the Contractor could not able to provide such
technical assistants as are skilled and experienced, semi-skilled and unskilled labors in their
respective callings in line with the provisions of Sub-Clause 16.1 [Contractor’s Employees] of
the GCC for resumption of the works after the event were stabled.
4.2.2.8. The Contractor has been disrupted from commencing and continuing with the work as
contemplated; this event is construed as Employer’s culpable delay with particular reference to
the provisions of Sub-Clause 44.1 (d) [any delay, impediment or prevention by the Employer] of
the GCC and other pertinent provisions of the foregoing clauses of the conditions of contract
which in effect could entitle the Contractor to an extension of time and revision of completion
date.
4.2.3. Contractual Compliance
4.2.3.1. The Contractor, having experienced a delay and/or disruption due to the foregoing Employer’s
Risk event, has been notifying the Engineer and copied to the Employer through the letters Ref.
No. JG Project [2018]/JG/375 dated August 08, 2018 and Ref. No. JG Project [2018] IJG/376
dated August 30, 2018 wherein the Contractor has expressed his concerns with regard to the
security issue and thereby requested Engineer to give official direction to suspend the work until
such time the situation become normalized; which could have been issued on the basis of the
provisions of Sub-Clause 40.1 [Suspension of Work] of the GCC.
4.2.3.2. Further to the Contractor’s request in getting the necessary assistance from the Engineer and/or
Employer, the Contractor has clearly given a notice to claim to the Engineer and copied to the
Employer in the same letters stated above having a basis on the provisions of Sub-Clause 44.2
[Contractor to Provide Notification and Detailed Particulars] of the GCC, within the time
prescribed in the Contract (i.e. within 28 days after such event has first arisen). Since the event
was arisen and completely halted the works of the project as of August 04, 2018, the Contractor
14 CCCC
has submitted the notification on the 8 th day of August 2018 and a reminder on the 30 th day of
August 2018; since event was a continuing effect until this time.
4.2.3.3. Thus, regarding Contractor’s compliance in submitting the notice through a clear cut notification
giving procedure, the Contractor is of the opinion that giving the notice of any delaying event has
a great merit to both party in the Contract in that: the Contractor will reserve his rights that
awards him to Extension of Time for completion. Whereas, the Employer will get the opportunity
to strive his best in resolving the matter before it grown up as the Employer’s culpable delay
which necessitates the Employer to grant the Contractor an extra time and cost otherwise.
4.2.3.4. Therefore, having the above stated purpose of giving notification, the Contractor were giving the
necessary notification and/or reminder on the delaying/disruption event and requested the
Engineer/Employer for the timely resolution of the matter. Hence, the Contractor has fully
complied with the Notice giving procedure.
4.2.3.5. Regarding the requirement for submission of the detailed particulars for Extension of time for
completion as per the requirement of Sub-Clause 44.2(b) which have to be submitted within 28
days or such other reasonable time as may be agreed by the Engineer…., it is remembered that
the Contractor was submitted the first extension of time request through the letter Ref. No.
CCCC/ET/JG/2019/488 dated April 09, 2019 and second submission through the letter Ref. No.
CCCC/ET/JG/2019/585 dated November 05, 2019 following the Engineer’s rejection of the
Contractor’s first claim submission.
4.2.3.6. Here, as the Contractor could understand the notion of this contract provision which states “….
Engineer is not bound to make any determination….” doesn’t mean the mere rejection of the
Contractor’s claim upon the unfulfilled precedent condition as indicated in the Sub-Clause
44.2(b), rather, it is to authorize the Engineer to exercise his discretion to impartially determine
the Contractor’s extension of time to the extent the Contractor could substantiate his claim to
bring up to the knowledge of the Engineer and thereby avoid any ambiguities of which his team
had no knowledge of the event and which the Contractor seeks to support by fresh information or
verbal evidence. Hence, the provision of this clause does not deprive the Contractor’s EoT
entitlement unless and otherwise the Contractor has no realistic data for the substantiation of his
claim which is not supported by record.
4.2.3.7. Thus, as the occurrence of the incident was well known by all the Contracting parties, the
Ethiopian legal entities (since the case was being seen at court level even at this stage), and also
reported by the country’s recognized broadcast corporates and newspapers, the Contractor could
not believe that the Contractor’s submission that had been made on the 9 th day of April 2018
shouldn’t have been a surprise to the Engineer, as the submission date was within the range of 4
months after the event was ended. Further, since the submission date was also far from the
project’s original completion date which enlighten the Engineer to consider the event as it was
not a surprise to him for his thorough investigation of the matter and forward his impartial
determination in line with the provisions of Sub-Clause 2.6[Engineer’s to Act Impartially] of the
GCC.
15 CCCC
4.2.3.8. Therefore, based on the above detailed explanation, the Contractor’s ultimate submission of his
claim within 28 days could not be condition precedent for the Engineer’s determination, and thus,
the Contractor shall not be prejudiced of his entitlement to an extension of time for completion
for the delay/disruption that was caused by the Employer, or the Engineer on his behalf.
4.2.4. Liability of the Delaying Event
4.2.4.1. In light of the requirement of the Contract, and based on the actual facts for the occurrence of the
incident on the project, the Contractor has notified the Engineer trough the letters Ref. No. JG
Project [2018]/JG/375 dated August 08, 2018 and Ref. No. JG Project [2018]/JG/376 dated
August 30, 2018 were in the Contractor has requested Engineer to liaise with the Employer so as
to get the protection from the government for the evacuation of the Contractor’s property situated
on site.
4.2.4.2. Notwithstanding the Contractor’s request to be instructed to suspend the work, to be assisted in
protecting his equipment and other resources during the suspension period to prevent the
Contractor’s property from looting and blazing, and to be notified the status of the security
condition and thereby be granted the instruction to resume the work, nothing has been forwarded
from the Engineer as well as from the Employer until such the time the Contractor himself has
made his own assessment and thereby started the re-mobilization of some of the expatriate staff to
the project site.
4.2.4.3. Late after the Contractor has remobilized few of his staff on the site and start the preparatory
works which is deemed required to resume the permanent Construction works, the Engineer has
issued a letter to the Contractor with Ref. No. DA-37K/403/2018 dated October 01, 2018 having
made a reference to the Contractor’s letters referenced above by stating the following points:
 The Engineer has learnt that all the project works were not resumed as three of the
Contractor’s local Sub-Contractors has failed to remobilize for simple reason that they
intended to pass the Ethiopian New Year with their families.
 Confirmed as the project was resumed as of August 29, 2018
 Advised the Contractor to keep jointly agreed contemporary records as per sub clause 53.2 of
the conditions of Particular Application of the Contract for resources idled during the
temporary closure of the project.
4.2.4.4. From this letter, it is worth mentioning that, until the time the Engineer has issued this letter (i.e.
October 01, 2018) all the project work were not resumed but the reason for the non-resumption is
not for the New year closure as stated by the Engineer; rather due to the Sub-Contractors’ as well
as the Contractor’s staff’s psychological embarrassment and fear to back to the project site, which
consequences the delay in resumption of the permanent work even after the event was ended up.
Accordingly, the Contractor is claiming for the delaying event that he is not accountable for
during the suspension period owing to the occurrence of the Employer’s Risk Event.
16 CCCC
4.2.5. Cause and Effect Particulars

4.2.5.1. The occurrence of the Employer’s Risk event that had been takes place on the project site and the
surrounding vicinity, and the consequences made thereafter is one of the eminent delaying event
that had adversely affected the progress of the project. The occurrence of the event and its
consequences thereafter has potentially disrupted the progress of the work undeniably, due to the
fact that, all the project works has been suspended since the occurrence of the incident and until
the time the Contractor has fully resumed the works at the end of October 2018. In effect of this
delaying event, the project’s critical activities have been incontestably delayed, which on the flip
side has forced the project’s time for completion to be extended.
4.2.5.2. Having noted the occurrence of such Employer’s Risk event, the Contractor, with the view of
mitigating the delaying nature and its destructive impact that it could expected to have on the
property of the Contractor, had attempted to notify the Engineer and the Employer in the
immediate effect of the occurrence of the event.
4.2.5.3. This delaying event has suspended all the works of the project which as a consequences
necessitated the Contractor to demobilize all the resources from the working sections to be
evacuated at the Contractor’s camp until the time it could get the resolution.
4.2.5.4. In summary, the cause of delay is the Employer’s Risk event for which the Contractor was not
foreseeable at the bidding stage, and of which nature of the event was not under the control of the
Contractor as well as the Employer since no contracting party was not in position to suppress the
event with his own approach except the government which right after in consultation with the
Employer could solve that matter. Whereas, the uncontrollable event that has been happened was
affected/suspended the project critical activities and/or critical path, which in turn affected the
completion date of the project as a whole.
4.2.5.5. According to the provisions of Sub-Clause 12.2 [Not Foreseeable Physical Obstruction and
Conditions] of GCC, Sub-Clause 40.2[Engineer’s Determination Following Suspension] and
Sub-Clause 44.1 [Extension of Time for Completion] of the GCC, under item (b), (d) & (e), this
event entitles the Contractor for an extension of time for completion.
4.2.6. Detailed Particulars of the Claim
4.2.6.1. As described in the foregoing presentation with regard to the occurrence of the Employer’s risk
event, the Contractor was disrupted of executing the works and progressing in accordance with
the program to complete the works within the prescribed time for completion. Though the start of
the event was slightly back dated, the severity of the event was pronounced to be August 04,
2018, after which the Contractor has fully suspended the work in line with the provisions of Sub-
Clause 40.1[Suspension of Works] of the GCC.
17 CCCC
4.2.6.2. Following the suspension of the works, the Contractor has forwarded to the Engineer on august
08, 2028 to be granted a formal instruction to suspend the works in line with the provisions of
Sub-Clause 40.1[Suspension of Work] of the GCC. The Engineer, however, does not forwarded
the requested instruction as per the provisions of the Contract.
4.2.6.3. Having the non-responsive nature of the Engineer in replying the Contractor’s contractual
requests, the Contractor himself has suspended the works following the impracticality to entertain
the matter on the project site level which was beyond the scope of the Contractor’s liability to
secure the site and perform the duties entrusted to the Contractor under the Contract as provided
under the provisions of Sub-Clause 34.21[Liaison with police, labour officers and etc.] of the
CoPA, in line with the provisions of Sub-Clause 40.1(d) of the GCC.
4.2.6.4. The Contractor again requested the Engineer on August 30, 2028 to undertake assessment of the
site security situation in liaison with the Employer and to give the Contractor instruction, when
deemed appropriate, for the resumption of site construction works. In the same manner, the
Engineer has kept hushed of confirming the site security condition regardless of our request made
on the same. In order to reduce the Contractor’s idle cost, however, the Contractor himself had
started to assess the security condition by mobilizing some of the staff and thereby resume the
work, if the condition allows to do so.
4.2.6.5. After the elapse of one month from our request, the Engineer through the letter Ref. No. Ref. No.:
DA-37W40312018 dated October 01, 2018 has replied quoting our letters issued on August 08,
2018 and August 30, 2018 by stating that the works of the project was resumed as of August 29,
2018, though we couldn’t have confirmed the same during our assessment made for security
condition; and also we haven’t get any instruction from the Engineer as well as from the
Employer of so doing.
4.2.6.6. Although the Contractor has planned to partially resume the Works as of early September 2018,
following the confirmation of the security condition, most of the Contractor’s workers had
concerns about their safety and declined to return back to the project Site which make it
impossible for the Contractor to resume the Works as planned. Exasperatingly, most of the
Contractor’s employees has terminated their employment contracts with the Contractor, which is
beyond the Contractor’s control. As a consequence, the Contractor has managed to slightly
partially resume some structural works and earthworks as of 20 and 24 September 2018
respectively but with detriment productivity owing to minimum number of crew and
psychological embarrassment of the Contractor’s worker.
4.2.6.7. The work of critical activity that has been resumed as of September 24, 2018 with such
productivity loss has been continued until October 26, 2018 until the time the Contractor could
reorganize the staffing in such away could able to attain the performance of the works nearly
close to the as planned work program. But the full productivity has not get back to the envisaged
productivity even after this period due to the Contractor ability to recruit all the work forces in
18 CCCC
place of the resigned staff either due to the displacement of the workers from the areas as well as
their own termination of the contract.
4.2.6.8. The resulting suspension and delay in attainment of the Contractor’s envisaged productivity after
the end up of the incident entitles the contractor for extension of time pursuant to Sub-Clause
40.2 and 44.1 of the GCC.
4.2.7. Delay Analysis and Quantum of the Claim

4.2.7.1. Contractor’s Work Program Vis-à-vis Delay Analysis
 The baseline program vividly displays that the activities planned during this suspension
period are critical for which any single delay on activities on the critical path could affect
the project completion date. Based on the information depicted on CPM in the form of
linked Gantt chart program, the foremost critical activities which has been affected due the
delaying events are:
 Accommodating and maintaining temporary diversion
 Removal of Unsuitable Material
 Borrow to fill/embankment, compaction to 95% modified AASHTO T-180
 Construction of Improved Sub-grade
 Gravel or crushed sub-base layer, 95% MDD, AASHTO T-180 including shoulder
 Base course crushed stone, 100% compaction (maximum compacted thickness
200mm including shoulder
 Prime Coat, MC-30, Cutback Bitumen (1 Lit/m2)
 Asphalt Concrete Surfacing (50mm)
 Based on the Contractor’s work program any effect on the critical path will affect the
completion date of the project, Hence, the effect on each section will affect the completion
date directly and hence, it is considered for EOT.
4.2.7.2. Quantum of Claim
 Though the Contractor has encountered productivity loss beyond the above stated date
[October 26, 2018] either due to the Contractor’s inability to fully recruit and engage the
Contractor’s staff or intermittent interruption on some stretches, the Contractor is of the
opinion that the net effect of the duration after October 26, 2018 could counterbalance the low
productivity occurred before October 26, 2018.
 In light of the assumptions and considerations cited above, the contractor has considered the
suspension period from August 04, 2018 until October 26, 2018 for which the Contractor
could reasonably be entitled for extension of time for completion, which in aggregate is
computed to be 84 Calendar Days.
19 CCCC
 Therefore, the Contractor hereby requests for the Engineer’s determination of 84 calendar
days’ extension of time pursuant to the provision of Sub Clause 40.2 and Sub Clause 44.1
(b), (d) & (e) of the GCC.
4.2.8. Substantiation and Documentations
4.2.8.1. In substantiating the claim, the Contractor presents various substantiations related to the subject
matter. Further, the contractor has included additional documents and substantiation enclosed
as Annex A that are further described as;
i. Annex A-1: Reflection of Impacted Program on Master Schedule
ii. Annex A-2: Relevant Correspondences
4.2.8.2. The foregoing documentations are enclosed with this claim booklet.
4.2.9. Mitigation Measure Taken

4.2.9.1. The Contractor had been attempting to support the Employer in resolving the case in discussion
with local administration officials and the army commander in the Somali Region. In addition,
with the view of resorting the resulting delay, the contractor attempted to assess the security
condition of the site which enhance the Contractor to resume the works and thereby reduce the
Contractor’s idle cost which intern reduce the claim being deemed presented for the Employer.
4.3. Claim Head No. 2: Delay Due to Increase in Quantity of Work (Additional
Works of Minor Drainage Structures)
5.
6.
7.
8.
8.1.
4.3.1. The Event and Scope of Claim
4.3.1.1. The event that give rise to the submission of this claim head is the encountered increase in the
quantity of work in connection with minor drainage structure (i.e. increase in quantity of Pipe
and Slab Culverts) beyond the original quantities indicated in the Contract.
20 CCCC
4.3.1.2. The scope of this claim head covers the time requirement for the increased quantity of work
beyond the contemporaneous contract time for completion. Thus, the Contractor presented time
extension requirement in this claim head.
4.3.2.1. The following Sub-Clauses are extracted from Conditions of Contract as are considered relevant
to the Contractor’s Claim;
1. General Conditions of Contract (GCC)
 Sub-Clause 14.1: Program to be submitted
 Sub-Clauses 51.1: Variations
 Sub Clause 44.1: Extension of Time for Completion
2. Conditions of Particular Application (CoPA) and Appendix to Tender
 Sub Clause 14.1: Program to be submitted
4.3.2.2. In elucidating this claim head, the Contractor hereby explains his request in reference to General
Conditions of Contract provision, which satisfactorily support the claim.
1) The provisions of Sub-Clause 14.1 [Programme to be Submitted] of the GCC, among others,
 “The Contractor shall, within the time stated in Part II of these Conditions after the date of the
Letter of Acceptance, submit to the Engineer for his consent a programme, in such form and
detail as the Engineer shall reasonably prescribe, for the execution of the Works. The Contractor
shall, whenever required by the Engineer, also provide in writing for his information a general
description of the arrangements and methods which the Contractor proposes to adopt for the
execution of the Works.”
[Emphasis Added]
2) Further, the provisions of Sub-Clause 51.1: [Variations], among others, states the following;
 The Engineer shall make any variation of the form, quality or quantity of the Works or
any part thereof that may, in his opinion, be necessary and for that purpose, or if for
any other reason it shall, in his opinion, be appropriate , he shall have the authority to
instruct the Contractor to do and the Contractor shall do any of the following:
(a) increase or decrease the quantity of any work included in the Contract,
(b) omit any such work (but not if the omitted work is to be carried out by the
Employer or by another contractor),
(c) change the character or quality or kind of any such work,
21 CCCC
(d) change the levels, lines, position and dimensions of any part of the Works,
(e) execute additional work of any kind necessary for the completion of the Works,
or
(f) change any specified sequence or timing of construction of any part of the Works.
No such variation shall in any way vitiate or invalidate the Contract, but the effect, if
any, of all such variations shall be valued in accordance with Clause 52. Provided that
where the issue of an instruction to vary the Works is necessitated by some default of or
breach of contract by the Contractor or for which he is responsible, any additional cost
attributable to such default shall be borne by the Contractor.
3) The provisions of Sub-Clause 44.1: [Extension of Time for Completion], among others, states
the following;
“In the event of:
(a) the amount or nature of extra or additional work,
(b) any cause of delay referred to in these Conditions,
(c) exceptionally adverse climatic conditions,
(d) any delay, impediment or prevention by the Employer, or

(e) other special circumstances which may occur, other than through a
default of or breach of contract by the Contractor or for which he is
responsible,
being such as fairly to entitle the Contractor to an extension of the Time for Completion
of the Works, or any Section or part thereof, the Engineer shall, after due consultation
with the Employer and the Contractor, determine the amount of such extension and shall
notify the Contractor accordingly, with a copy to the Employer.”
[Emphasis added]
4.3.2.3. Further, in elucidating this claim head, the Contractor hereby explains his request in reference to
Conditions of Contract Part II: CoPA and Appendix to Tender provision, which satisfactorily
support the claim.
a. Sub Clause 14.1: [Program to be Submitted], states the following,
“Add the following to Sub Clause 14.1;
“The time within which the Programme shall be submitted shall be the number of days
stipulated in the Appendix to Bid.
The programme shall be submitted in two copies in the form of a Critical Path Method
Network (CPM Network) showing the order of procedure and description of the
construction methods and arrangements by which he proposes to carry out the works. In
addition, the aforesaid critical path programme should be supplemented by;
(i) a Gantt/time-bar chart broken down into suitable sections detailing each
construction activity, showing for each construction activity; the periods of
22 CCCC
construction activity planned; the percentage completion anticipated per month;

the total estimated quantity of work; the average monthly production planned; and
(ii) a detailed work method statement in respect of each construction activity. It should
also be supplemented by a time-bar chart of the same programme. The Programme
shall be coordinated with climatic, groundwater and other conditions to provide for
the completion of the works in the order and by the time specified . The Programme
shall be revised at quarterly intervals and should include a chart of the principal
quantities of the forecast for execution monthly.
…... (Continues)
[Emphasis Added]
4.3.2.4. The aggregate reading of the foregoing provisions of sub-clauses provides the increase in the
quantity of work is one part of variation instruction under Sub-Clause 51.1 of the GCC.
Accordingly, the encountered increase in volume of work make the Contractor eligible for
extension of time for completion under Sub Clause 44.1(a) of the GCC. Again, such circumstance
is construed as something that the Contractor has not foreseen and responsible for and same shall
entitle the Contractor for an extension of time under Sub-Clause 44.1(e) of the GCC.
4.3.2.5. Further, the captioned increase in the quantity of work is claimable under the provisions of Sub-
Clause 44.1(b) of the GCC, which says, any cause of delay referred to in these Conditions and the
respective condition is the one specified under Sub-Clause 12.2: [Not Foreseeable Physical
Obstructions or Conditions]. The increased quantity of work is considered as unforeseeable
physical condition and as per this Sub-Clause, it entitles the Contractor for extension time.

4.3.3.1. The increase in quantity of the works in connection with minor drainage structure has been
exhibited since the start of the project but it was not formally issued by the Engineer as an
instruction for variation. However, the Contractor, having understood the increase in the volume
of work has notified the Engineer about the increase in the volume of work.
4.3.4. Liability of the Event

4.3.4.1. In light of the requirement of the Contract, the Contractor contemplated the volume of work for
the construction of minor drainage structure (i.e. pipe culverts and box culverts of different size)
as depicted in the contract BOQ; whereas, during the actual execution of the work, the Contractor
discovered that this item has increased tremendously as a consequences of which the Contractor
could not able to complete such additional works within the prescribed time for completion and
Contract Price.
4.3.4.2. Pursuant to the provision of Sub-Clause 44.1 (a) of the GCC, the lability for the increase in
quantity with respect to the works of minor drainage structure is rested on the Employer. Hence,
the delay suffered and/or the additional time requirement for the Contractor to carry out the
increased volume of work entitles the Contractor for an extension of time for completion.
23 CCCC
4.3.4.3. Accordingly, the Contractor is claiming to guarantee the time requirement for the increased
quantity of work (i.e. pipe, and slab culverts of different sizes).
4.3.5.1. Increased in the quantity of minor drainage (i.e. pipe, and slab culverts of different size and
openings) are one of the event that require additional time which otherwise delay the subsequent
critical activities and eventually extended time for completion.
4.3.5.2. Thus, the cause of this claim head is the increase in the quantity of minor drainage structures
which requires additional time to be executed. The eventualities of such increase in quantity is
additional time requirement to execute the increased quantities and delayed subsequent critical
activities.
4.3.5.3. According to the provisions of Sub-Clause 44.1 [Extension of Time for Completion] of the GCC,
this event entitles the Contractor for an extension of time for completion.
4.3.6.1. As part of the original schedule, the original contract intension was to construct the pipe culverts
and Slab/Box culverts at 90 and 44 locations respectively along the project route. As part of the
revision due to quantity increase, however, the number of pipe culverts and slab/box culverts are
increased to 164 and 48 respectively. Due to such unforeseeable quantity increase (i.e. 82.2% for
pipe culverts and 9.1% for slab/box culverts), the contemporary works in connection with such
minor drainage works has also be increased.
4.3.6.2. Due to such increase in quantity of minor drainage structure, the subsequent construction of
critical activities (i.e. Earthworks, Subbase, Base Course, and pavement Surfacing) has
detrimentally been affected and thereby shifted their respective intended original start and
completion period.
4.3.6.3. Moreover, the production of quarry stone for concrete aggregate and crushing of the concrete
aggregate are among the critical activities on which any delay on such critical activities could
undoubtedly affect the aggregate crushing for base course and asphalt concretes.
4.3.6.4. The additional works of minor drainage structure has not been clearly instructed as a variation
order at defined period of time during the contract duration, rather, the Contractor has been given
such instruction from time to time until such time all the works of this division has been
completed. Due to this fact, the Contractor has used up all his float time indicated in the original
work program, and thus, the planned critical activities were started to be affected which as a
consequence initiated the delay in finalizing the overall project work.
4.3.6.5. The float available in the Contractor’s program is all consumed and there is no time left that
could accommodate such increased volume of work, and hence, the Contractor instead has used
24 CCCC
up the time that had been allocated for the execution of the critical activities of the project for the
execution of this additional works. Due to this fact, the critical activities of the project is left un
completed, though the time for completion is going to be expired in the near future.
4.3.6.6. The increase in quantity of minor drainage structure has not only delayed the completion of
milestone for the respective activity, but also delayed the subsequent critical activities of cut to
fill and borrow to fill, subbase, base course, and bituminous surfacing, which could otherwise not
be executed unless such cross drainage structures are completed and make the road continuous
and functional.
4.3.6.7. The delay caused by the increase in the quantity of work has pushed the time requirement on the
critical path and eventually the completion date of the project. The resulting increase in quantity
entitles the Contractor for extension of time pursuant to the provisions of Sub-Clause 44.1 of the
GCC.
4.3.7. Quantum of the Claim
4.3.7.1. Based on the Contractor’s work program, any delay on the critical path or near critical path will
affect the completion date of the project. Hence, any effect on this activity will affect the
completion date of the project and hence, it is considered for Extension of Time entitlement.
4.3.7.2. Thus, the Contractor chose to measure the time requirement by calculating the time requirement
separately, which in other words means extending the time bar of this item in the program. Thus,
the additional time shall be considered as extension of time.
4.3.7.3. Thus, in measuring the time requirement, the Contractor used the following core facts,
assumptions and considerations;
 The Contractor has completed all such additional works at this time. But in executing all
these varied works, the Contractor has used up most of the time required to complete the
works of other critical activities, whereas, the Contractor has used up all float time, and
thereby consumed the critical period of the project.
 The Contractor has extracted such additional works of this division to reasonably calculate
the time required to complete these additional activities, which on the other hands are
equivalent to the time by which the subsequent critical activities are pushed forward from
their respective beginning and completion in contrary to the original intension of the
Contractor’s work program. In calculating the required duration, the Contractor has used the
productivity rates cited in the baseline program with the exception of the working hour of
the day (which has been used to be 8hr instead of 10hr as stated in the program).
 The Contractor has used the working day to calendar day conversion factor of 1.319, which
is derived from the intension of the original work program.
25 CCCC
 In preparing the impacted work schedule of the additional works, the Contractor has
assumed that such additional works are to be executed after the works in the original
contract is nearly completed (i.e. Quarry production, Concrete Aggregate Production, pipe
production, structural excavation, and all other works in connection with the construction of
these drainage structure).
 In light of the above, the resulting time is calculated and presented in annex to this
document,
 From the foregoing narrated facts and analysis annexed to this document, it can be read that
the Contractor requires 299 calendar days’ time to complete the affected works equivalent
to the time taken for the execution of the varied works.
4.3.7.4. Accordingly, the computation made herein for the works of the additional minor drainage works
requires 299 calendar days’ extension of time beyond the completion date of the project.
4.3.7.5. Therefore, the Contractor hereby requests the Engineer’s determination of 299 calendar days’
extension of time pursuant to the provision of Sub-Clause 44.1 (a), (b) & (e) of the GCC.

matter. Further, the Contractor has included additional documents and substantiation enclosed
as Annex-A that are further described as;
 Annex A-1: Quantity of the additional Works and Time Computation for Minor Drainage
Structures
 Annex A-2: Impacted Work Program prepared to show the affected Contract duration

4.3.9.1. The Contractor has been attempting to carry out the captioned item of work and indeed the
Contractor is at the verge of completing the works of this additional works and mitigated the
extended time requirement.
4.4. Claim Head No. 3: Delay Due to Right of Way Problem and Failure to
provide Possession of Site.
9.
10.
26 CCCC
11.
12.
12.1.
4.4.1. The Event and Scope of Claim

4.4.1.1. The event that give rise to the submission of this claim head is the encountered delay in the
removal of RoW obstruction and granting possession of site that affected the progress of critical
activities of the project.
4.4.1.2. The scope of this claim head covers delay in granting possession of Site at various locations
throughout the project road stretch (i.e. on the main road), delay in possession of borrow pit, and
work suspension by local residents after the Employer has officially granted such possession of
site are the main delay events that causes the aggregated requirements of time extension to offset
the delay suffered in this respect. Accordingly, the Contractor presented time extension
requirement in this claim head.
4.4.2.1. The following provisions of Sub-Clauses extracted from Conditions of Contract are considered
relevant with the Contractors Claim;
1. General Conditions of Contract (GCC)
 Sub Clause 42.1: Possession of Site and Access Thereto
 Sub Clause 42.2: Failure to Give Possession
 Sub Clause 43.1: Time for Completion
 Sub Clause 44.1: Extension of Time for Completion
2. Conditions of Particular Application (CoPA) and Appendix to Tender
 Sub Clause 43.1: Time for Completion
4.4.2.2. In elucidating this claim head, the Contractor hereby explains his request in reference to General
Conditions of Contract provision, which satisfactorily support the claim.
1. The provisions of Sub-Clause 14.1 [Programme to be Submitted], among others, states the
following;
27 CCCC
“The Contractor shall, within the time stated in Part II of these Conditions after the date
of the Letter of Acceptance, submit to the Engineer for his consent a programme, in such
form and detail as the Engineer shall reasonably prescribe, for the execution of the
Works. The Contractor shall, whenever required by the Engineer, also provide in writing
for his information a general description of the arrangements and methods which the
Contractor proposes to adopt for the execution of the Works.”
[Emphasis Added]
2. The provisions of Sub-Clause 42.1: [Possession of Site and Access Thereto], among others,
“Save insofar as the Contract may prescribe:
a) the extent of portions of the Site of which the Contractor is to be given possession
from time to time
b) the order in which such portions shall be made available to the Contractor, and,
subject to any requirement in the Contract as to the order in which the Works shall
be executed, the Employer will, with the Engineer's notice to commence the Works,
give to the Contractor possession of
c) so much of the Site, and
d) such access as, in accordance with the Contract, is to be provided by the Employer
as may be required to enable the Contractor to commence and proceed with the
execution of the Works in accordance with the programme referred to in Clause 14, if
any, and otherwise in accordance with such reasonable proposals as the Contractor '
shall, by notice to the Engineer with a copy to the Employer, make. The Employer
will, from time to time as the Works proceed, give to the Contractor possession of
such further portions of the Site as may be required to enable the Contractor to
proceed with the execution of the Works with due dispatch in accordance with such
programme or proposals, as the case may be…..”
[Emphasis added]
3. The provisions of Sub-Clause 42.2: [Failure to Provide Possession], states the following;
“If the Contractor suffers delay and/or incurs costs from failure on the part of the
Employer to give possession in accordance with the terms of Sub-Clause 42.1, the
Engineer shall, after due consultation with the Employer and the Contractor, determine:
(a) any extension of time to which the Contractor is entitled under Clause 44, and
(b) the amount of such costs, which shall be added to the Contract Price, and shall
notify the Contractor accordingly, with a copy to the Employer.”
[Emphasis added]
4. The provisions of Sub-Clause 43.1: [Time for Completion], states the following,
“The whole of the Works and, if applicable, any Section required to be completed within
a particular time as stated in the Appendix to Tender, shall be completed in accordance
with the provisions of Clause 48, within the time stated in the Appendix to Tender for
28 CCCC
the whole of the Works or the Section (as the case may be), calculated from the
Commencement Date, or such extended time as may be allowed under Clause 44.”
[Emphasis added]
5. The provisions of Sub-Clause 44.1: [Extension of Time for Completion], among others,
“In the event of:
…
(b) any cause of delay referred to in these Conditions,
---
(d) any delay, impediment or prevention by the Employer, or
(e) other special circumstances which may occur, other than through a default of
or breach of contract by the Contractor or for which he is responsible,
being such as fairly to entitle the Contractor to an extension of the Time for Completion
of the Works, or any Section or part thereof, the Engineer shall, after due consultation
with the Employer and the Contractor, determine the amount of such extension and
shall notify the Contractor accordingly, with a copy to the Employer.”
[Emphasis added]
4.4.2.3. Further, in elucidating this claim head, the Contractor hereby explains his request in reference to
the provisions Conditions of Contract Part II: Conditions of Particular Application and Appendix
to Tender, which satisfactorily support the claim.
1. The provisions of Sub-Clause 14.1: [Program to be Submitted], states the following,
“Add the following to Sub Clause 14.1;
“The time within which the Programme shall be submitted shall be the number of days
stipulated in the Appendix to Bid.
The programme shall be submitted in two copies in the form of a Critical Path Method
Network (CPM Network) showing the order of procedure and description of the
construction methods and arrangements by which he proposes to carry out the works. In
addition, the aforesaid critical path programme should be supplemented by;
i. a Gantt/time-bar chart broken down into suitable sections detailing each
construction activity, showing for each construction activity; the periods of
construction activity planned; the percentage completion anticipated per month;
the total estimated quantity of work; the average monthly production planned;
and
ii. a detailed work method statement in respect of each construction activity. It
should also be supplemented by a time-bar chart of the same programme. The
Programme shall be coordinated with climatic, groundwater and other
conditions to provide for the completion of the works in the order and by the
time specified. The Programme shall be revised at quarterly intervals and
29 CCCC
should include a chart of the principal quantities of the forecast for execution
monthly.
…... (Continues)
[Emphasis Added]
2. The provisions of Sub-Clause 42.1: [Possession of Site and Access Thereto], states the
following addition made to this clause;
The following addition is made,
“In addition to the Site, as defined in Clause 1, the Employer will provide to the
Contractor, free of charge, such land as the Contractor may reasonably require for
road reserve, Stockpile, camps, workshops, diversion roads, borrow pits and quarries.
In this regard, the Contractor shall give to the Engineer with a copy to the, not less than
three months’ notice of his requirement for the above mentioned land requirements
which are required for the sole use of the project.”
[Emphasis Added]
3. Sub-Clause 43.1: [Time for Completion], of Appendix to Tender states, 1095 calendar days.
4.4.2.4. A cumulative reading of the foregoing Sub-Clauses extracted from the Conditions of Contract
reveals that the Employer has an obligation to provide the “Site”, but the Employer has not
removed obstruction within the right of way and provided the site for the Contractor to work as
required in the contract. Due to the presence of obstructions, the Contractor was not in a position
to commence and continue work in several sections of the road especially in the road sections
claimed herein.
4.4.2.5. Whereas, the project’s time for completion and submitted program display a time driven program
affixed with 1095 calendar days displaying the critical path of the project.
4.4.2.6. The Contractor has been disrupted from commencing and continuing with the work as
contemplated; this event is construed as Employer’s culpable delay (i.e. delay, impediment and
disruption, and failure to provide possession of site) and pursuant to the provisions of the
foregoing clauses of the conditions of contract and in effect, the Contractor is entitled to an
extension of time and revision of completion date.

4.4.3.1. The Contractor, having experienced delay due to possession of site has been notifying the
Employer and the Engineer in various letters and also in every monthly progress reports and
thereby requested the Engineer to resolve the RoW obstructions removal and thereby grant
obstruction free possession of site.
4.4.3.2. In presenting the problem in connection with the possession of site, the Contractor has submitted
the issues in two separate categories which is highlighted as presented hereunder.
30 CCCC
1. Delay in Removal of RoW obstruction and grant Possession of Site

2. Impediment/disruption by the local residents on the officially possessed section
4.4.3.3. As part of notification, the Contractor has issued various letters to the Engineer and copied to the
Employer on both cases, among which the following selected letters are presented for reference.
4.4.3.4. Regarding the delay in removal of obstruction and granting possession of site, the following
letters are utmost crucial to substantiate the Contractor’s claim
1. Ref. No. CCCC/ET/JG/20l7/l32 dated December 06, 2017,

2. Ref. No. CCCC/ET/JG/2017/l79 dated January 04,2018,
3. Ref. No. CCCC/ET/JC/20l7/192 dated January l4, 2018,
4. Ref. No. CCCC/ET/JG/20l7/200 dated January l7,2018,
5. Ref. No. CCCC/ET/JG/20l7/2l5 dated January 29,2018,
6. Ref. No. CCCC/ET/JG/20l7/223 dated January 31, 20 1 8,
7. Ref. No. CCCC/ET/JG/2017/244 dated February 17, 2018,
8. Ref. No. CCCC/ET/JC/20l7/270 dated March 12, 2018
11. Ref. No. CCCC/ET/JC/20l8/334 dated June 04, 2018
12. Ref. No. CCCC/ET/JC/20l9/492 dated April 11, 2019
13. Ref. No. CCCC/ET/JC/20l9/499 dated May 01, 2019
14. Ref. No. CCCC/ET/JC/20l9/506 dated May 17, 2019
4.4.3.5. Regarding the second case stated herein above (i.e. Impediment/disruption by the local residents
on the officially possessed section), the Contractor has notified the Engineer and copied to the
Employer for the timely resolution of the interference by the local residents, and thereby enhance
the Contractor’s normal working environment which on the other way round could relief the
Contractor from additional cost due to the idled Contractor’s resources during disruption period.
Hence, the following letters are utmost crucial to substantiate the Contractor’s claim in this
regard:
1. Ref. No.: CCCC/ET/JG/20l8/427 dated December 30, 2018

2. Ref. No.: CCCC/ET/JG/20l8/487 dated December 31, 2018
3. Ref. No.: CCCC/ET/JG/20l9/433 dated January 21, 2019
4. Ref. No.: CCCC/ET/JG/20l9/434 dated January 21, 2019
5. Ref. No.: CCCC/ET/JG/20l9/531 dated July 01, 2019
6. Ref. No.: CCCC/ET/JG/20l9/535 dated July 24, 2019
7. Ref. No.: CCCC/ET/JG/2020/631 dated February 01, 2020
4.4.3.6. Thus, in giving the notification for the occurrence of the delay events, which could enhance the
Engineer as well as the Employer to timely give the way forward to relief all the Contracting
parties from time and cost claim, the Contractor has complied with the contractual requirement
with respect to notification giving procedure.
31 CCCC
4.4.4. Liability of the Delaying Event

4.4.4.1. In light of the requirement of the Contract, the Contractor has identified RoW obstructions and
requested for possession of Site through the letters referenced in section 4.4.3.4 and 4.4.3.5
above. The delay in possession of Site was encountered in almost all section of the project road
with special delay which exceptionally lasts beyond the time required under the Contract (i.e. 3
months) is considered for the EoT claim.
4.4.4.2. In identifying the time elapsed beyond the period required by the Employer to grant such land
required by the Contractor as per provisions of Sub-Clause 42.1 of the CoPA, the section from
station 0+000 to 3+000 has get worsen for such prolonged period beyond the Contract
requirement as a consequence of which the Contractor’s critical activities are severely affected.
4.4.4.3. For the section where the delay in removal of obstruction is worsened (i.e. from station 0+000 to
3+000) as compared to the Contract requirement, the Contractor was submitted his first request
through the letter Ref. No. CCCC/ET/JG/2017/l79 dated January 04,2018. Following the initial
request, the Contractor was submitted his reminders to the Engineer and copied to the Employer
to timely grant such possession of site and relief the Contractor from being deferred of executing
the critical activities of the project.
4.4.4.4. Notwithstanding our early request for the possession of such site, the possession of Site for full
section of the affected stretch has not been given until such period the time had been elapsed in
excess of 1year (i.e. until the Contractor’s notification made through the letter Ref. No.
CCCC/JG/ET/2019/56 dated Sep 04,2019) which had exacerbated the Contractor’s delay in
finalizing the project until this time.
4.4.4.5. In addition to delay in granting possession of site, the Contractor has also been disrupted of
executing the works, on the officially possessed site, by the local people persistently for which
the Contractor was disrupted and/or delayed of executing the project critical activities again and
again. All the Employer’s delay in possession of site and the disruption of work by the local
people from time to time is beyond the Contractor’s contractual responsibility for which the
Contractor shall be compensated in line with pertinent conditions of Contract.
4.4.4.6. The encountered delaying event is the right of way removal problem and its eventuality of delay
in access to and possession of site and pursuant to the provision of Sub Clause 42.1 of the GCC
and its CoPA, which puts the liability of the event on the Employer. Hence, the delay suffered by
the contractor entitles him for an extension of time for completion.
4.4.4.7. For ease of reference, the Contractor displayed summary of right of way affected sections
included in this claim head and the Contractor’s notification made therewith in the ensuing table;
Table 2: [Summary of Right of Way Affected Sections]
Station of Affected Section Rural/
It. Date on which possession is requested and
Town
No. From to reference letters
section
32 CCCC
Station of Affected Section Rural/

It. Date on which possession is requested and
Ref. No. CCCC/JG/ET/2017/179 dated Jan. 4,
No.
1 0+000 3+000 Rural reference letters
2018
Ref. No. CCCC/JG/ET/2017/244，dated February
2 0+000 3+000 Rural
17,2018
Ref. No. CCCC/JG/ET/2017/283，dated March
3 1+000 3+000 Rural
31,2018
4 0+100 1+000 Town
31,2018
0+000/48+00 1+000/52+00 Ref. No. CCCC/JG/ET/2019/354，Dated July
5 Town
0 0 13,2018
0+120
0+188 Ref. No. CCCC/JG/ET/2019/408，dated
6 Town
0+249 December 10, 2018
0+250
Ref. No. CCCC/JG/ET/2019/423，dated
0+000-0+400 Town
December 25,2018
0+000-1+000/
Ref. No. CCCC/JG/ET/2019/446，dated February
7 9+111/50+40 Town/Rural
22,2019
0-50+650
C Ref. No. CCC/JG/ET/2019/452，dated
8 0+019-9+525 Town
February 22,2019
9 0+000-0+400 Town
24,2019
1+350 Ref. No. CCCC/JG/ET/2019/499，Dated May
10 Town
1+580 1,2019
Ref. No. CCCC/JG/ET/2019/519，dated August
11 0+140 Town
4,2019
12 0+017 Town
September 4,2019
13 0+177 Town
September 4,2019
15 0+250 Town
September 4,2019
4.4.4.8. All the section indicated in the above table are delayed of being possessed by the Contractor of
such site from the Employer which lasted more than a year.
4.4.4.9. As stated above, the Contractor has also been disrupted of executing the critical activities of the
main road, expropriation of borrow pits (i.e. from where borrow to fill material is extracted), and
subbase source. Among the disrupted borrow pits, the borrow pits located at station 1+700,
5+240, km 8, km 24, 12+200, 14+600 are the major disrupted borrow pits by the local people.
Likewise, the affected works on the main roads due to the local people’s interruption are the
section from K0+000-K0+400, 8+200-9+761, K49-K50, 50+000-53+000. Further, the Contractor
33 CCCC
has also disrupted of fetching the pond water located at station 5+900, which in turn has affected
the works of cut to fill and borrow to fill for the whole duration of the suspended period.
4.4.4.10. Accordingly, the Contractor is claiming for the delaying event that he is not accountable for
during the implementation of the project.
4.4.5.1. The Right of Way removal problem and failure to provide possession of site to the Contractor is
one of the paramount delaying factor affecting the progress of the project. The delaying event has
a continuous effect for certain project road section which was continuously affected the progress
of the work irrefutably. Due to this delay events, the project activities that has been planned to be
fallen on critical path are delayed and thereby affected the project completion period which in
turn consequence in delay in the overall project activities until this time.
4.4.5.2. Similarly, the Contractor has also been disrupted of executing the critical activities by inhibiting
the Contractor’s contractual right in using the already granted possession of site (i.e. some section
of the project road, borrow sites and water sources) due to the local people’s recurrent disruption
of the Contractor’s normal work execution.
4.4.5.3. In effect of these delaying events (i.e. delay in granting possession of Site and disruption of the
Contractor’s work by local people), the project’s critical activities had been delayed, which on
the flip side has forced the project’s time for completion to be extended.
4.4.5.4. Having noted the occurrence of such delay events (i.e. delay in removal of right of way
obstruction /possession of site problem, and hindrance by local people) with the view of
mitigating the delaying impact, the Contractor had attempted to notify the Engineer and the
Employer in various occasions for the resolution of the matter and made the Contractor relief of
such recurrent problems observed on the site since the beginning of the project.
4.4.5.5. These delaying events have affected the corresponding critical activities of clearing and grubbing,
drainage works, earthwork and pavement works; which on the other hand entailed the Contractor
to unexpected cost due to idle resources during the disruption period.
4.4.5.6. In summary, the cause of delay is the prolonged unresolved right of way problem and disruption
by local people at various locations of the project site in the previous time, and failure to provide
possession of site that finally instigated delay on critical activities and/or critical path, which in
turn affected the completion date of the project as it is vividly observed on the actual progress of
the project.
34 CCCC
4.4.5.7. According to the provisions of Sub-Clause 44.1 [Extension of Time for Completion] of the GCC,
under item (b), (d) & (e) and Sub-Clause 42.2 [Failure to Give Possession] of the GCC, this
event entitles the Contractor for an extension of time for completion.

4.4.6.1. Up on the receipt of the notice to commence of the construction of the works by the Engineer,
which sets the commencement date of the project to be on May 02, 2017, the Contractor had
accepted the instruction and commenced the mobilization and other preparatory works
accordingly as of the affixed date as “Commencement Date”.
4.4.6.2. From time to time as the work proceed, the Contractor has been requesting the removal of
obstruction and provision of effective possession of site for almost all section of the project road
from time to time as per the Contractor’s schedule, as the detail description of the road section
and request made for the same has listed in item 4.4.4.7 above. But, the Employer’s action
towards removal and creating obstruction free working area did not enable the Contractor to
commence and/or proceed the work as per the Contractor’s plan.
4.4.6.3. It is a common understanding of the parties that, among others, delay right of way is the
paramount problem that affects the progress of the project from the date of commencement till
the date of drafting this claim, since the affected works of those sections, and the overall slow
progress of the project until this time is majorly due to the delay in removal of obstruction.
4.4.6.4. As the actual possession of site request and the reminders made thereafter has clearly reveals,
most of the section of the road has been granted to the Contractor on the verge of the expiry date
of the time required by the Employer to necessarily possess the Contractor of such site that the
Contractor has reasonably required for the sole use of the project in line with the provisions of the
Sub-Clause 42.1 of the CoPA. Though the Contractor’s work has detrimentally affected in
waiting the possession of site for the period of 3months, the Contractor had left with no option
than reminding and thence, waiting for the Employer until such site the Employer could grant the
same; since the Employer has contractual right to grant such site until the period of 3month from
the 1st day of the Contractor’s request for the same, within which the Contractor could no right to
claim.
4.4.6.5. Nevertheless, the Contractor’s prerogative under this claim head is the delay in granting
possession of site beyond the maximum duration that the Contractor should have wait the
Employer (i.e. 3months as per sub-Clause 42.1 of the CoPA). Based on this fact, the Contractor
has identified the section that has been enormously affected amongst other sections based on the
degree of their impact, among which the foremost affected section is delineated to be the section
of the road from station 0+000 to 3+000, for the purpose of this claim.
4.4.6.6. The critical activities of the project (i.e. clearing and grubbing, earthwork, sub base, base course
and asphalt works) under this section has been severely affected to the extent it could be a
potential cause of the project to be delayed beyond time for completion.
35 CCCC
4.4.6.7. In addition to the Employer’s delay in granting possession of site from the first glance, there are
also inevitable impedance from the local people from time to time on such sites for which the
Contractor has officially granted the possession of site; but the residents inhibition to possess
such land with the reason best known to them, which should otherwise be the Employer’s duty to
create any awareness on the compensation related matters and thereby alleviate the matter which
could in turn reduce the disruption period at a time and recurrence of the delay events.
4.4.6.8. The Contractor has disrupted of executing the construction of the main road, production of
borrow to fill material and subbase material, hauling and placing of this material, fetching of
water from the pond which is critically required for the construction of embankments, subbase,
drainage structures and detour construction. Thus, as the project work load majorly comprises the
construction of embankments, disruption on borrow material production, disruption on water
source and disruption on any section of the main road could adversely affect the critical activities
of the project with the date equivalent to the disruption period. The project road section and other
necessary section that the local people has disrupted the Contractor is stated in item 4.4.4.9 of this
document.
4.4.6.9. The provisions of Sub-Clause 42.1 of the GCC and its amendment CoPA put an obligation on the
Employer to provide access to Site and obstruction free possession of Site within three months
irrespective of rural and town section. However, the Employer has surpassed the time limit and
had not complied to provide possession of Site as required in the Contract and in effect, delay has
occurred. This action/inaction of the Employer is construed as failure to provide obstruction or
disruption free possession of site.
4.4.6.10. The resulting delay/disruption entitles the Contractor for extension of time pursuant to
the provisions of Sub-Clause 42.2 and 44.1 of the GCC.
4.4.7. Delay Analysis and Quantum of the Claim
4.4.7.1. Contractor’s Work Program Vis-à-vis Delay Analysis
 The baseline program as well as the revision thereof vividly displays that the activities of
Accommodating and Maintaining Traffic Diversion, Earthworks, Subbase, Base Course and
Bituminous Surfacing are fall on the critical path.
 The Contractor chose to measure the delay suffered using impacted program development by
evaluating the affected section separately for the delay events, and counting the number of
affected days for disruption vents. The reason for such choice is that, it will enable to display
the effect of Employer’s delaying events and come up with reasonable output.
 In addition, as the original time for completion is on the verge of expiration, the Contractor
chose to show the effect of right of way by separately displaying the quantity of works within
ROW affected section and where delays are recorded.
36 CCCC
 Based on the Contractor’s work program and its revision made thereof any effect on the
critical path will affect the completion date of the project, Hence, the effect on each section
will affect the completion date directly and hence, it is considered for EOT.
 Based on the information depicted on CPM in the form of linked Gantt chart program, the
activities of Accommodating and maintaining temporary diversion, earthwork, capping,
sub base, road base, prime coat, and asphalt concrete, ancillary works and aggregate
crushing are fall on the critical path.
4.4.7.2. Quantum of Claim
 In estimating the affected duration due to delay in removal of RoW obstruction from roadway
section, which has been delayed beyond the time allowed in the Contract, the Contractor has
developed impacted work program based on the volume of the affected critical activities
within the road section from station 0+000 to 3+000.
 Likewise, for the affected time due to the disruption attributed by the local people on various
times at several section of the project site (i.e. on the main road section, at the borrow pits, at
water source and detours) whereby the Contractor’s critical activities are affected, the
Contractor has enumerated such disrupted days for which the project critical activities are
enormously affected.
 In presenting the quantum of the claim with respect to the delay in possession of Site, the
Contractor has accounted the following assumptions and considerations and build up an
impacted program;
i. Though most of the obstructions are removed at this stage, and the construction activities
are being progressed, the Contractor has considered the delay in commencing and
finishing such affected critical activities.
ii. The Contractor has calculated the quantities of critical activities or work load within the
affected road section from station 0+000 to 3+000 and thereby estimated the time
required to completed each affected critical activity. The Contractor’s computation is
attached as Annex B-1 of this claim.
iii. The Contractor has taken the productivities of each item from the Master Work Program.
iv. In calculating the time, the Contractor has considered working day to calendar day
conversion factor of 1.319, including the rainy season.
v. The program logic considered rational.
 In light of the assumptions and considerations cited above, the Contractor developed an
impacted work program of the work starting from the date on which the Employer should have
37 CCCC
granted the Contractor of possession of Site after the official request has been submitted by the
Contractor on January 04, 2018.
 The impacted work program is developed by taking into consideration of the 3 months’ period
after which the Contactor has to be officially granted the requested possession of site. The first
possession of Site was forwarded to the Engineer on January 04, 2018, whereas, the section
for which the Contractor has requested such possession of site was not removed until recent
times.
 Therefore, Contractor has considered the date on which the critical activities of this section has
started to be affected to be April 04, 2018 (i.e. 3 months after time the Contractor’s official
request for the same which is made on January 04, 2018). Thus, the developed impacted
program reveals that had the Employer had granted the possession of Site as per the Contract
requirement, the affected section requires the time from April 04, 2018 up to November 28,
2018, i.e. a total of 239 calendar days’ days. The program of is Annex B-2 of this claim
booklet.
 However, since the Employer has not grated such possession of site in line with the provisions
of Sub-Clause 42.1, the works of this section has been affected which, as a result, has shifted
the critical activities of this section by 239 calendar days’ from the original intension of the
master work program.
4.4.7.3. In addition to the delay in RoW removal, the Contractor’s works has also been affected by the
local residents due to various reason. The quantification of the delay in connection with such
disruption of the local people is separately analyzed based on the data record of such disruption
events that has been taken place and thereby revealed to be 75 calendar days. The detail
computation of the disruption is attached to this claim as Annex B-3 of this claim booklet.
4.4.7.4. Therefore, the Contractor hereby requests the Engineer’s determination of 314 calendar days’
(i.e. 239 days due to delay in possession of site and 75 days’ due disruption by local residents)
extension of time pursuant to the provision of Sub Clause 42.2 and Sub Clause 44.1 (b), (d)
& (e) of the GCC under this specific claim heads.

matter. Further, the Contractor has included additional documents and substantiation enclosed as
Annex A that are further described as;
i. Annex B-1: Time Computation for ROW Affected Sections

ii. Annex B-2: Impacted Program of Work for ROW Affected Sections
iii. Annex B-3: Time Computation due to Disruption
38 CCCC

4.4.9.1. The Contractor has been attempting to support the Employer in resolving the case, in addition,
with the view of resorting the resulting delay, the Contractor attempted to commence work, but
his attempt failed due to the presence of obstruction and/or disruption.
4.4.10. Summary of Claims
4.4.10.1. In summarizing the Contractor’s Claim presented herein for each claim heads, the Contractor
has presented the summary of EoT entitlements for the Engineer’s impartial determination of
the presented claim as tabulated hereunder.
Claim Description of Claim Heads Requested Time for Completion under

Head No. each Claim Heads in Calendar Days
CH-01 Disruption due to Employer’s Risk Events 84 calendar days
CH-02 Delay due to Increase in quantity of work 299 calendar days

(Additional Drainage Structure)
CH-03 Delay due to Right of Way Problem and failure to 314 calendar days
provide possession of Site.
4.4.10.2. The time bar of the three claim heads has been evaluated for their respective concurrency of the
delay events. Accordingly, the delay due to the Employer’s Risk event and delay in Possession
of Site as indicated in Claim Head No. 01 and Claim Head No. 03 has a concurrency nature.
The effects of such concurrency has indicted in the bar chart as indicated herein below.
Claim Description of Claim Heads Requested Time for Remark

Heads Completion for each Claim
No. Heads in Calendar Days
39 CCCC
CH-01 Disruption due to Employer’s Risk 84 calendar days Fully Concurrent with CH-03
Events
CH-02 Delay due to Increase in quantity of 299 calendar days Concurrent with claim No.3 from
work (Additional Drainage Structure) Jan. 25-Feb. 11, 2019
CH-03 Delay due to Right of Way Problem 314 calendar days Fully Concurrent with CH-01
and failure to provide possession of and Claim No.02 from Jan. 25,
Site. 2019-February 11, 2019 (18
days)
Total Impacted Time Due to the above Claim 595 Calendar Days =299+314-18=595 days
Heads
4.4.10.3. On conclusion, the Contractor hereby requests the Engineer for the impartial determination of
the Contractor’s Extension of Time Claim which entitles the Contractor to 595 Calendar days,
which revises the original project Completion period from May 01, 2020 to December 17,
2021, line with the provisions of Sub-Clause 2.6 of the General Conditions of Contract.
40 CCCC
Annexes
41 CCCC
Annex A:
Attachment for Claim Head No. 2: Delay due to
increase in quantity of work
 Annex A-1: Quantity of Work and Time Computation for

Additional Works of Minor Drainage Structure
 Annex A-2: Impacted Program of Work for Due to this
Additional Work
42 CCCC
Annex B:
Attachment for Claim Head No 3: Delay due to Right
of way Problem and failure to provide possession of
Site and Suspension of work by local people
 Annex B-1: Time Computation for ROW Affected Sections

 Annex B-2: Impacted Program of Work for ROW Affected
Sections
 Annex B-3: Time Computation for Disrupted Duration
 Annex B-4: Relevant Correspondences
43 CCCC
44 CCCC

EOT Claim No. 1 Final

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EOT Claim No. 1 Final

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Construction Works of Jigjiga –

Contractor: China Communication Construction Company (Ltd.)

 Extra or Additional Works in connection with the Constructions of Minor Drainage

 Delay in Granting Possession of Site

1.1.8. This claim submission contains:

 Summary of Claim: this section provides summary of claim requested by the

 Annexes: calculations, demonstrations, programs, copies of all the relevant documents

2.1. Background Information

2.2. Purpose of the Claim

2.3. Elements that Give Rise to this Claim

Table 1: [Summary of Contract Data Details]

4. Detail Particulars of the Extension of Time Claim Heads

 Claim Head No 1: Disruption due to Employer’s Risk Events

4.2.1. Succinct Statement of the Claim

4.2.2. Contractual Background of Entitlement

1. Excerpt from the General Conditions of Contract (GCC)

 Sub Clause 12.2 [Unforeseeable Physical obstructions of Conditions]

 Sub Clause 13.1 [Works to be in Accordance with the Contract]

 Sub Clause 16.1 [Contractor’s Employees]

 Sub Clause 20.4 [Employer’s Risks]

 Sub Clause 40.2 [Engineer’s Determination Following Suspension]

 Sub Clause 44.1 [Extension of Time for Completion]

 Sub Clause 44.2 [Contractor to Provide Notification and Detailed Particulars]

 Sub Clause 65.1 [Contractor to Provide Notification and Detailed Particulars]

2. Excerpt from Conditions of Particular Application (CoPA) and Appendix to Tender

 Sub-Clause 20.4[ Employer’s Risk]

 Sub-Clause 65.2[Special Risks]

2) Further to the provisions of Sub-Clause 12.2 [Not foreseeable Physical Obstructions or

4) The provisions of Sub-Clause 16.1: [Contractor’s Employees], states the following;

The Employer’s risks are:

i. war, hostilities (whether war be declared or not), invasion, act of foreign

The special risks are:

a. otherwise provided for in the Contract,

8) The provisions of Sub-Clause 40.2[Engineer’s Determination Following Suspension] of the

“The Employer’s risks are:

i. War and hostilities (whether war be declared or not), invasion, act of

ii. Rebellion, revolution, insurrection, or military or usurped power, or civil

4.2.3. Contractual Compliance

4.2.4. Liability of the Delaying Event

 Confirmed as the project was resumed as of August 29, 2018

4.2.5. Cause and Effect Particulars

4.2.6. Detailed Particulars of the Claim

4.2.7. Delay Analysis and Quantum of the Claim

4.2.8. Substantiation and Documentations

4.2.9. Mitigation Measure Taken

Works of Minor Drainage Structures)

4.3.1. The Event and Scope of Claim

4.3.2. Contractual Background of Entitlement

 Sub-Clause 14.1: Program to be submitted

 Sub-Clauses 51.1: Variations

 Sub Clause 44.1: Extension of Time for Completion

2. Conditions of Particular Application (CoPA) and Appendix to Tender

 Sub Clause 14.1: Program to be submitted

(d) any delay, impediment or prevention by the Employer, or

construction activity planned; the percentage completion anticipated per month;

4.3.3. Contractual Compliance

4.3.4. Liability of the Event

4.3.5. Cause and Effect Particulars

4.3.6. Detailed Particulars of the Claim

4.3.7. Quantum of the Claim

4.3.8. Substantiation and Documentations

4.3.9. Mitigation Measure Taken

4.4.1. The Event and Scope of Claim