Introduction
Project Overview:
- Project Name: XYZ Mixed-Use Development
- Contractor: ABC Construction Ltd.
- Client/Owner: DEF Properties
- Original Contract Completion Date: July 31, 2024
- Revised Completion Date (Requested): September 30, 2024
Background:
ABC Construction Ltd. was awarded the contract for the XYZ Mixed-Use Development on January 1, 2023, with an agreed contract duration of 18 months, aiming for completion by July 31, 2024. The scope of work included the construction of a high-rise mixed-use building with commercial and residential spaces, along with a parking garage and related infrastructure.
As of the date of this report, a series of delays have occurred due to unforeseen circumstances beyond the contractor’s control, impacting the progress and completion of the project. ABC Construction is submitting this Extension of Time (EOT) claim to request an additional 60 days to complete the project and meet the revised completion date of September 30, 2024.
Delay Events Justifying Extension of Time:
1. Change in Design of Mechanical Systems
- Delay Start Date: February 15, 2024
- Duration: 4 Weeks
- Description: Midway through the construction of the XYZ project, DEF Properties requested a redesign of the HVAC system due to updated local building codes and the need for increased energy efficiency. This redesign affected both the layout and specification of the mechanical, electrical, and plumbing (MEP) systems. The contractor was required to stop work related to the HVAC system while the client’s engineering team completed the new design.
- Impact: This delay directly impacted the critical path activities, including ductwork installation and MEP coordination, resulting in a four-week delay. All affected activities had to be rescheduled based on the new designs.
2. Unforeseen Site Conditions
- Delay Start Date: March 20, 2024
- Duration: 3 Weeks
- Description: During the excavation phase for the basement of the parking garage, unforeseen underground conditions were discovered, including a large section of rock that was not anticipated in the initial site surveys. The unexpected presence of rock required additional time for rock-breaking activities, involving specialized equipment and additional labor.
- Impact: Excavation is a critical path activity in this phase of the project. This delay halted subsequent construction tasks such as foundation pouring, delaying the start of superstructure work by three weeks. Moreover, the extra excavation work required additional coordination, which affected the overall project schedule.
3. Adverse Weather Conditions
- Delay Start Date: April 1, 2024
- Duration: 2 Weeks
- Description: The project site experienced abnormally heavy rainfall from March 30, 2024, to April 10, 2024, significantly exceeding normal seasonal weather patterns. The excessive rain made working conditions unsafe for foundation pouring and formwork installation.
- Impact: Due to the weather delays, critical path activities such as concrete pouring for the foundation and basement floors had to be postponed. The downtime resulted in a two-week delay in completing key structural elements.
Total Delay Impact:
- Total Cumulative Delay: 9 Weeks (63 Days)
- Change in Design of Mechanical Systems: 4 Weeks
- Unforeseen Site Conditions: 3 Weeks
- Adverse Weather Conditions: 2 Weeks
The cumulative impact of these delays is 9 weeks (63 calendar days), which has affected the critical path and overall project timeline. Given the nature of these delays and their significant impact on the progress of the work, ABC Construction is requesting an Extension of Time for an additional 60 calendar days, revising the project completion date to September 30, 2024.
Justification for the Extension of Time:
- Unforeseen and Uncontrollable Events:
- The delays cited above, including the changes in design and unforeseen site conditions, were beyond the contractor’s control. The unexpected redesign and site conditions necessitated additional time to modify the construction sequence. Additionally, weather-related delays were due to external factors, making work on-site unsafe and impractical.
- Critical Path Delays:
- Each of the delay events directly affected critical path activities, particularly mechanical and structural works, which cannot be completed without resolving the issues encountered. The project schedule has been analyzed using Time-Impact Analysis (TIA), which confirmed that these events have collectively delayed the project by more than 9 weeks.
- Compliance with Contract Terms:
- According to the contract between ABC Construction and DEF Properties, provisions for time extensions due to unforeseen circumstances are included. These events meet the criteria for excusable delays as per the contract, specifically relating to changes in the scope of work, unforeseen site conditions, and adverse weather conditions.
Mitigation Measures Taken:
ABC Construction took proactive steps to minimize the impact of the delays wherever possible:
- Redesign Coordination: The contractor worked closely with the client’s engineering team to expedite the design approval process for the mechanical system changes, thereby limiting the duration of the redesign-related delays.
- Accelerated Excavation: Once the unforeseen rock conditions were identified, additional crews and specialized equipment were brought on-site to expedite the excavation process and reduce the overall delay.
- Weather Mitigation: To recover lost time caused by weather delays, ABC Construction implemented weekend work shifts and overtime for critical path activities where possible. However, safety concerns limited the extent of work that could be accelerated.
Despite these mitigation efforts, the delay events collectively impacted the critical path, making the request for an Extension of Time necessary.
Supporting Documentation:
The following documents are attached to substantiate the EOT claim:
- Updated project schedule showing the impact of delays on the critical path.
- Time-Impact Analysis (TIA) report for each delay event.
- Revised design documentation and correspondence with the client regarding the HVAC redesign.
- Weather records from the local meteorological service showing rainfall data for the period in question.
- Daily site reports and photographs showing the conditions on-site and the progress of work.
Conclusion:
In light of the delays caused by the change in mechanical system design, unforeseen site conditions, and adverse weather events, ABC Construction respectfully requests an Extension of Time of 60 calendar days. The new completion date requested is September 30, 2024. This request is made in accordance with the contract provisions, which allow for time extensions due to excusable delays beyond the contractor’s control.
ABC Construction remains committed to delivering the XYZ Mixed-Use Development to the highest quality and within the revised project timeline, pending the approval of this Extension of Time request.
Submitted by:
ABC Construction Ltd.
[Your Name]
Project Manager
[Date]