Extension of Time

Zefne Primary
Hospital Remaining
Works Construction
Claim No. 3 Project

Lexus General Construction Plc

Lexus General Construction PLC

8
 EXTENSION OF TIME CLAIM NO. 3

Contents
1 PROJECT PARTICULARITIES..........................................................................................2
1.1 Introduction About the Project.....................................................................................2
1.2 The Parties.....................................................................................................................2
1.3 Basic Contract Information............................................................................................3

2 Background On The Claim Cases..............................................................................4

3 Basis of Claim.........................................................................................................................4
4 Details of Claim............................................................................ 4
5 The Contractor’s Entitlement ....................................................... 6
6 Conclusion................................................................................... 6

Annex:
 Appendix A : Impacted As-Planned Analysis

1 PROJECT PARTICULARITIES
1.1 Introduction about the Project
On the 21st of January 2021 Lexus General Construction entered into a contract agreement
with S/N/N/P/R/S Health Bureau for the construction of Zefne Primary Hospital Remaining

Lexus General Construction PLC 7

 EXTENSION OF TIME CLAIM NO. 3

Works Construction Project. Work on the project commenced on 29 th of April 2021 G.C..
The original date for completion of the project is 21st of October 2022 with a contract period
of 540 Calendar Days.

1.2 The Parties

The construction of Zefne Primary Hospital Remaining Works Project comprises the
following three contractual parties:

S/N/N/P/R/S Health Bureau Hereafter referred to as

Hawassa , Ethiopia “The Employer”

S/N/N/P/R/S Construction and Hereafter referred to as

Design Bureau “The Engineer”
Hawassa, Ethiopia

Lexus General Construction PLC Hereafter referred as

Addis Ababa, Ethiopia “The Contractor”

1.3 Basic Contract Information

 Employer S/N/N/P/R/S Health Bureau
 Contractor Lexus General Construction PLC
 Engineer S/N/N/P/R/S Construction and Design
Bureau

Lexus General Construction PLC 7

 EXTENSION OF TIME CLAIM NO. 3

 Contract Signing date January 21st 2021

 Commencement date February 20 2021

 Original Contract Duration 540 Calendar Days
 Original Completion Date August 14 2022
 Type of contract Design Bid Build
 Original Contract Price 41,996,304.87 ETB
including VAT
 Previously Approved EOT 75 + 96 Cal days
claim
 Revised Completion Date February 1 2023
Based on previously approved EOT
 Currently Requested EOT 66 Calendar Days
Claim
 Completion Date Based on April 08 2023
Currently Requested EOT

2 Background On The Claim Cases

This Extension of time claim is prepared in order to entertain delays the contractor
encountered due to a specific Employer Delay Event(Employer Risk Event) as enumerated in
Section 3 of this document.
The above listed delay have affected work progress in a negative way. And since the same
issue is entirely not of the contractor’s default, extension of the intended completion date is
rightly due.

Lexus General Construction PLC 7

 EXTENSION OF TIME CLAIM NO. 3

3 Basis of Claim
3.1 The contract contains the following provisions

3.1.1 General Condition of Contract Clause 73.1(ህ) states

73. “የታቀደን የማጠናቀቂያ ጊዜ ስለማራዘም”

73.1 “የሥራ ተቋራጩ በሚክተሉት ምክንያቶች የታሰበው የማጠናቀቂያ ጊዜ ቢዘገይ የጊዜ

ማራዘሚያ ሊጠይቅ ይችላል”
73.1(ለ) “ልምድ ባለው የየሥራ ተቋራጭ ሊገመት የማይችል ሰው ሰራሽ መሰናክል ወይም
ተፈጥሮአዊ ሁኔታ ሲከሰት፣”
74 “የሚከተሉት የጊዜ ማራዘሚያ ለመፍቀድ የሚያስችሉ ሁኔታዎች”
74.1 “የሚከተሉት የጊዜ ማራዘሚያ ለመፍቀድ የሚያስችሉ የመካሻ ክስተቶች ናቸው።”
74.1(ሀ) “የግዥ ፈፃሚ አካሉ(አሰሪ መ/ቤቱ) በፀደቀው የግንባታ ፕሮግራም ላይ
በተቀመጠው የግንባታ ቦታ መረከቢያ ቀን የግንባታ ቦታውን በከፊል ለማስረከብ
ካልቻለ።”

3.2 The contractor is thus entitled to extension of the projection completion date due to the
above enumerated employer risk events.

4 Delay Events and Delay Analysis

4.1 General

4.1.1 The causes of delay referred to in this section are delays which entitle the
contractor to an extension of time due to the delay to the project progress
acceptably computed using the Impacted-as-Planned delay analysis (IAP)
technique caused by such delay events.

4.2 Delays, Impediments or Acts of Prevention (Employer Risk Events)

4.2.1 Delay in the engineering determination of the site boundary peak location up to
September 22 2022 which prevented the commencement of all project tasks under
Site Work as clearly indicated in the approved master schedule. This Employer
Delay Event entitles The Contractor to extension of project completion time as per
General Conditions of Contract 73.1(ለ) and 74.1(ሀ)

Lexus General Construction PLC 7

 EXTENSION OF TIME CLAIM NO. 3

4.2.2 Delay in the engineering determination of the elevation of the arterial road that
passes adjacent to the entrance of Zefne Hospital. This Employer Delay Event in
turn prevented the commencement of all tasks under the site work summary as
indicated in the approved master schedule until September 22 2022. This
Employer Delay Event entitles The Contractor to extension of project completion
time as per General Conditions of Contract 73.1(ለ) and 74.1(ሀ)

4.3 Delay Analysis

4.3.1 The identified appropriate method of delay analysis is the Impacted-as-Planned

(IAP) technique using the Critical Path Method.
4.3.2 Accordingly the approved master schedule is set as a project baseline.
4.3.3 Thus in the same project baseline the impact of the Employer Delay Event
identified in Section 4.2 is inserted to evaluate it’s impact on the critical path.
4.3.4 Next, the said Employer Delay Event is inserted in approved master schedule by
delaying the start of Site Work to September 22, 2022 as shown in Figure 1.0 on
page 6.
4.3.5 As shown in Figure 1.0, the Employer Delay Event pushed the critical path to an
early estimated finish of April 8, 2023(highlighted in red) from a baseline finish of
October 12 2022(highlighted in yellow).
4.3.6 4.3.6 The delay between the two dates stated in section 4.3.5 above is 178
calendar days excusable compensable delay.
4.3.7 The Impacted As-Planned(IAP) analysis and the resultant effect of the Employer
Delay Event on the baseline critical path is further demonstrated with Figure 2.0
on page 9.

Lexus General Construction PLC 7

Figure 1.0 Impacted As-Planned Delay Analysis I
 EXTENSION OF TIME CLAIM NO. 3

Lexus General Construction PLC

Figure 2.0 Impacted As-Planned Delay Analysis Analysis II

EXTENSION OF TIME CLAIM NO. 3

Lexus General Construction PLC

5 The Contractor’s Entitlement
5.1 Extension to the Time for Completion

5.1.1 The contractor’s entitlement to an extension to the Time for Completion is

Contained within the provisions of General Conditions of Contract Clause 73.1(ለ)
and (ሀ)
5.1.2 Accordingly, the contractor is hereby entitled to an extension of the time for
completion to the extent that completion of the works is delayed due to the
Employer Delay Events enumerated in section 4.2 of this document, which as
explained in section 4.3 of this document is 178 calendar days after February 1st
2023.

6 Conclusion
6.1 In conclusion the claim submitted herein contains the Contractor’s request for an
extension of Time for Completion up until July 29 2023 ( i.e 178 calendar days after
February 1st 2023)

Lexus General Construction PLC

8
EXTENSION OF TIME CLAIM NO. 3

Lexus General Construction PLC 7

EXTENSION OF TIME CLAIM NO. 3

Lexus General Construction PLC 7