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PROJECT :

CLAIM NO: 1

THE CONTRACTOR’S CLAIM FOR ACCELERATION OF

THE WORKS AND RECOVERY OF INCURRED COSTS
BASED ON THE CONTRACT AGREEMENT

Between
XXXXXXX
(the Employer)

And
XXXXXX
(the Contractor)

The Contractor’s Submission In Support Of His

Request For Reimbursement of Loss and/or
Expense(s) Caused By Acceleration To The Works.
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TABLE OF CONTENTS

ABBREVIATIONS AND CLARIFICATIONS ___________________ 3

Abbreviations and Terms Used ________________________________________3
Notes ____________________________________________________________ 3

1. Introduction _________________________________________ 1

2. Relevant Documents___________________________________ 1

3. Contractual Basis of Claim _____________________________ 2

3.1 Contractor’s Right to Finish Early ________________________________ 2
3.2 Chronology of Events __________________________________________3

4. Particulars of the Claim ________________________________ 4

4.1 Cause and Effect Analysis_______________________________________4

5. Comparison of As-Planned & As-Built Programme __________ 4

6. Quantum: Evaluation of Entitlement _____________________ 4

Appendices To The Submission _______________________________ 6

Appendix 1 – Comparison of As-Planned & As-Built Programmes (Delay

Analysis) _________________________________________________ 7

Appendix 2 – Evaluation of Entitlement ________________________ 8

Appendix 3 – Contemporary Records __________________________ 9

Appendix 4 – Schedule of Correspondence _____________________ 10

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ABBREVIATIONS AND CLARIFICATIONS

Abbreviations and Terms Used
Pertinent abbreviations and terms from the following are used in this document.

the Employer

the Engineer

the Contractor

the Contract

GS General Specification

PS Particular Specification

EI Engineer’s Instruction

RFI Request for Information

The Conditions
of Contract
BoQ Bill of Quantities

Days Calendar Days

Notes
1. Extracts from documents, correspondence and minutes of meetings and the like are quoted in
Italics, thus.

2. Certain sections of extracts from documents, correspondence and minutes of meetings and the
like are emphasised and quoted in Italics, thus.
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1. Introduction

During the course of the Peak Tower Project, the works were delayed and disrupted
due to delays caused by the Engineer/Employer. Therefore, the Contractor is
entitled to be reimbursed for the Loss and/or Expense incurred, as demonstrated in
the following submissions. [DESCRIBE THE SITUATION REGARDING
ACCELERATION – IT COULD BE A CLAIM BASED ON CONSTRUCTIVE
ACCELERATION OR TERMINAL FLOAT]

The delay/disruptive events (compensation events) negatively impacted the

Contractor’s normal sequence of operations and impeded the diligent progress
and/or planned completion of the works, for which the Contractor is seeking to
recover the incurred Loss and/or Expense(s). Accordingly, the Contractor has
prepared this submission as detailed particulars in support of his claim.

The Contractor has set out below particulars in support of his evaluation. It should
be noted, however, that this document does not represent a stand-alone submission,
in that the events giving rise to the delays and/or disruptions from other events are
not described herein. It is the Contractor’s intention to incorporate details of the said
delays and/or disruptions and the effects thereof of other events within separate
submissions to address the overall delay and/or disruption to the Works, milestones
and also to address the overall impact of same to the project.

This submission includes for costs related to constructive acceleration, extended

working hours, additional resources and other related costs.

Accordingly, the Contractor has prepared this document in order that the Engineer
may review and evaluate the effects of the compensation events.

2. Relevant Documents

The following salient extracts from the Contract Documents have been attached as
Appendices to this submission.

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Conditions of Contract

3. Contractual Basis of Claim

3.1 Contractor’s Right to Finish Early

It is a well-established principle that several standard forms of contract, including

FIDIC, allow the Contractor to finish the Works before the Time for Completion.

Sub-Clause 8.2 of the FIDIC Red Book (1999 Edition) states that “The Contractor
shall complete the whole of the Works, and each Section (if any), within the Time
for Completion…” [Emphasis Added]

The Contractor’s Programme

The Contractor’s Programme had a project completion date of XXXXX. This is

earlier than the contractual Completion date. This Programme was submitted in
accordance with the requirements of the Contract and, therefore, it became the
Programme for the Works. Therefore, the Engineer/Employer is obliged to ensure
that the Contractor is provided with site access, information and all other
documentation/assistance specified in the Contract which, in turn, would enable
him to complete the Works in accordance with said Programme.

The rationale behind the Contractor’s strategy with respect to the Programme was/is
as follows:

1. The Contractor wanted to finish the Works before the contractual Time
for Completion at no additional cost to the Employer. This would be
beneficial to the Employer in part that the Works would be finished
earlier and available for the Employer for beneficial occupation. This
resulted in a terminal float to the Programme.

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2. Therefore, the Contractor’s operations were in a state of “constant

acceleration” from the time the one was mobilised on Site. This is
evident from the extended working hours, 6-7 day working week and
several additional/night and overtime operations.

3. However, critical delays to Programme arising from the lack of Site

access (and other issues) resulted in significant delays and disruption to
the Contractor’s progress of the Works. As a result, the Contractor lost
the benefits associated with the acceleration measures undertaken from
the beginning of the project i.e it has become extremely improbable that
the Contractor will be able to finish within the original Time for
Completion.

4. Accordingly, the Contractor is entitled to receive either an extension of

time to the Contract completion date pursuant to the terms and
conditions of the Contract OR he has to be reimbursed for the additional
expenses incurred as a result of the acceleration measures undertaken.

3.2 Chronology of Events

The following chronology details the events which resulted in delay and disruption
to the Works:

1. 28th October XXXX

2. 29th – 30th October XXXX

3. 30th – 31st October XXXX

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4. Particulars of the Claim

4.1 Cause and Effect Analysis

4.1.2 Causative Event Number 1

1.1.3 Effect of Causative Event Number 1

4.1.2 Causative Event Number 2

1.1.4 Effect of Causative Event Number 2

5. Comparison of As-Planned & As-Built Programme

6. Quantum: Evaluation of Entitlement

As explained earlier in this document, the Contractor considers that he is entitled to

recover all additional costs incurred as a result of acceleration of the Works.

The detailed calculations are attached in Appendix 2 of this document and the
various heads of costs are summarised as follows:

1. Loss of productivity due to inefficient working conditions on site.

2. Additional plant e.g. scaffolding, hoists, passenger hoists, pumps & hoses,
formwork, bar bending machines etc.

3. Weekend Working.

4. Loss of productivity due to inefficient working conditions on site.

5. Additional plant e.g. scaffolding, hoists, passenger hoists, pumps & hoses,
formwork, bar bending machines etc.

6. Weekend Working.

7. Night-shift working.

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Total Costs

The additional costs incurred as a result of acceleration of the Works is Euro

XXXXXXXXXXXX

The Contractor hereby requests the Engineer to review the above costs incurred by
the Contractor and make a determination in accordance with the requirements of
the Contract.

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Appendices To The Submission

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Appendix 1 – Comparison of As-Planned & As-Built

Programmes (Delay Analysis)

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Appendix 2 – Evaluation of Entitlement

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Appendix 3 – Contemporary Records

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Appendix 4 – Schedule of Correspondence

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