INTRODUCTION
SECTION
1
1.1 National Highway Authority, 28-Mauve Area, G 9/1, Islamabad, Pakistan
( h e r e i n a f t e r c a l l e d t h e E m p l o y e r ) accepted the evaluated Bid of (Company Name),
having their address in Pakistan at (Address).
1.2
Under
the
Employer’s
Acceptance
Letter
No.
2(441)/GM
(P&CA)/NHA/2014/000 Dated 18 November 2010 and in continuation thereof,
the Contract Agreement between the Employer and the Contractor was signed
on the 31 s t day of December 2010.
1.3 The Contract Agreement (h e r e i n a f t e r c a l l e d t h e C o n t r a c t ) of the Employer and
the Contractor ( b o t h t o g e t h e r h e r e i n a f t e r c a l l e d t h e P a r t i e s ) is for execution of the
Works known as:
Project Name
1.4 The Contract requires of the Parties and binds them to discharge their
respective obligation s in compliance with the terms and conditions as
provided in the documents forming the Contract vide Sub-Clause 1.5 of
General Conditions which include Particular Conditions ( h e r e i n a f t e r c a l l e d t h e
C o n d i t i o n s o f t h e C o n t r a c t a n d s h o r t e n e d a s C O C ).
1.5 The Contractor mobilized after the issuance of Letter of Acceptance dated 28
November 2010. In the Letter of Bid (COC 1.5), the Contractor was
committed for mobilization as appears below:
“(J) If our bid is accepted, we commit to mobilizing key equipment and
personnel in accordance with the requirements set forth in Section 6
(Employer’s Requirements) and our technical proposal, or as otherwise
agreed with the Employer.”
1.6 The Contractor’s mobilization aimed execution of the Works as per the Drawings (COC
1.8). In addition, the issuing of the Drawings is regulated pursuant to the NHA General
Specifications (COC 1.5, i.). The NHA General Specifications which under SP 710 direct
that after award of the Contract, the Works shall be executed on the basis of the Drawings to
be issued to the Contractor marked as “Issued for Construction’’ and called “Construction
Drawings”.
1.7 The Engineer was officially appointed by the Employer on-. Under the letter of
the Engineer, vide no. Dohwa/NHA/E-35/2015/0000 dated 4th March 2010 the
Commencement Date (COC 8.1) for the Contractor was notified and fixed as the 5th
March 2015. This very date of the commencement gives no mobilization time to the
Contractor and thus establishes the fact that the Contractor mobilized, prior to the
notified date of commencement, and remained reasonably present at the site for
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commencing the execution of the Works. The Contractor wrote first letter for issuance of the
Drawings on the 9th January 2010.
1.8 The Delay occurred, and/or has been occurring in supplying the Drawings, is the event
that affected the Contractor by causing costs to the Contractor. Under the Contract (COC
1.9), the Drawings if not provided at-least 42 days prior to the requirement of such Drawings
in the Works as per submitted Programme (COC 8.3) of the Contractor then the such delay
triggers the costs to the account of the Contractor. Incurring of such costs in terms of both
time and money are eligible for compensation payable by the Employer the Contractor as the
Contractor’s Claim (COC 20.1). The calculation of Idle Hours of Equipment and Machinery
are shown in the table below. Details are provided in Annex-A.
Hours
(JanApr 2015)
Days (Jan-Apr 2015)
S.No
Equipment/Machine
No(s)
Total
A
Rainfall
B
Work
C
Idle
D=A(B+C)
Idle
E=(Dx8)
1
Excavator
13
255
54
59
142
1136
2
Dumper
23
628
67
150
411
3288
3
Dozer
8
147
35
30
82
656
4
Roller
10
277
60
46
171
1368
5
Grader
8
377
49
30
298
2384
6
Loader
1
44
14
0
30
240
7
Concrete
Batching
2
Plant (30M3/Hr)
135
45
0
90
720
8
Transit Mixer
1
103
30
0
73
584
9
Piling Rig and Accessories
1
12
3
0
9
72
10
Water Bouzer
4
128
41
30
57
456
11
Generator
8
252
66
0
186
1488
12
Light Vehicle
13
629
152
0
477
3816
13
Welding Plant
2
81
34
0
47
376
14
Crushing Plant
1
44
14
0
30
240
15
Diesel Tank
1
103
30
30
43
344
16
Tractor Trolley
17
229
7
0
222
1776
1.9 The costs calculations made as per the Section-2 and Annex-A. The record of
correspondence and relevant references are provided in Annex-B. Summary of this
Interim Claim is given in the table on next page.
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Table: Interim Claim No. 2 – Cost Summary
Hours/Cost
S.No
Equipment/Machine
No(s)
1
Excavator
2
Idle Hours
Rupees
13
1136
3,054,772
Dumper
23
3288
9,344,693
3
Dozer
8
656
4,040,409
4
Roller
10
1368
4,645,673
5
Grader
8
2384
11,357,376
6
Loader
1
240
1,292,575
7
Concrete
Plant (30M3/Hr)
2
720
5,562,538
8
Transit Mixer
1
584
3,343,260
9
Piling Rig and Accessories
1
72
615,457
10
Water Bouzer
4
456
875,397
11
Generator
8
1488
4,561,662
12
Light Vehicle
13
3816
4,614,605
13
Welding Plant
2
376
264,478
14
Crushing Plant
1
240
2,307,223
15
Diesel Tank
1
344
648,860
16
Tractor Trolley
17
1776
2,587,543
Batching
Total
I.
59,116,523
Add 25% Overheads, Profits, Preliminaries and Taxes
14,779,131
II. Total of 14,799,131 +59,116,523
73,895,654
III. Add additional 1% With Holding Tax deductable from amount of
73,895,654 Legislated after Base Date (COC 1.1.3.1)
738,957
Total Amount of This Claim (Total of I,II and III)
74,634,611
1.10 This claim takes into account the time of the Contract up to April 31, 2010. The matter
of Extension of Time for Completion under COC 8.4 and the additional payment associated
therewith including amounts to be calculated as per table of adjustment data (COC 13.8)
shall be taken up subsequently in due course of time after arriving at reliable and decisive
factors for estimates.
1.11 The Contractor submits this claim to the Engineer for proceeding further according to
the paragraphs 6 and 7 of COC 20.1 and other Provisions of the Contract.
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