SC / 01 Statement of Claim

IN THE MATTER OF THE ARBITRATION ACT 1996 AND IN THE MATTER OF AN ARBITRATION BETWEEN

SC /01/01

VBuild Limited Dharmapala Road, Kohuwala, Nugegoda. CLAIMANT

AND

Knowledge Hub of Asia Rapid Development (K HARD) Ministry of Higher Education, Galle Road, Colombo 05. RESPONDANT

STATEMENT OF CLAIM

1. The Claimant is a civil engineering contractor registered as a Grade C1 contractor for building sector under and in terms of national registration and grading of construction contractors published by the Institute for Construction and Training Development (ICTAD) and carrying on business at aforementioned address. 2. The Respondent is the Knowledge Hub of Asia Rapid Development (KHARD) works under Ministry of Higher Education, having its principal place of business at the aforesaid address and can sue and be sued in the aforementioned name.

3. The Respondent called for tenders to construct 100 houses for International Universities in Southern Sri Lanka (therein after to as works), as a Lump Sum Contract. The Claimant submitted a precise tender for this works in an amount of Rs. 400 Million. 4. The Respondent by Letter of Acceptance dated __________accepted the Claimants tender and the Contract was awarded to the Claimant in an amount of Rs.400 Million. 5. Site clearance and levelling work was done by VLevel; the Landscape Contractor who was commenced the works on late December 2007 and for 5 months contract period. 6. Claimant commenced the works at site on 01.01.2008. 7. The Contract incorporates the SBD II Conditions of Contract, Second Edition, dated January 2007; under which the Claimant is the Contractor and the Respondent is the Employer. 8. Clause 8.4 (e) of the SBD II Conditions provides that the Contractor shall be entitled to extension of time for completion due to any delay, implement, or prevention caused by or attributable to the Employer, the Employers personnel, or the Employers other contractors on the site. 9. Clause 19.1 of the SBD II Conditions provides that, if the contractor considers himself to be entitled to any extension of the time for completion and for any additional payment (loss of profit/ loss of productivity), under any clause of these conditions or otherwise in connection with the Contract. 10. The Claimant states that the progress of work was delayed by more than 6 months as the plots were not handed over in time by VLevel Contractor. 11. During the progress of the works in February 2009, Claimant found that Multi task has involved in the business without any pre-determination and constructed 50 houses, which is under the contract of Claimant. 12. The Respondent has paid only 200 million rupees for 50 houses; from 400 million initial contract price. Thereby the Claimant states that he is entitled to an additional payment due to loss of productivity and loss of profit (As shown in annex 01) according to Clause 19.1 of SBD II Conditions. 13. Therefore, the claimant states that arising out of the disputes referred to arbitration as aforesaid, the Claim of the Claimant against the Respondent are as follows; a. A sum of Rs._________ for the loss of productivity. b. A sum of Rs. _________for the loss of profit.

14. WHEREFORE, the Claimant respectfully prays your Honours Tribunal be pleased to1. Award in favour of the Claimant, directing the Respondent to pay the Claimant a sum of Rs. ________million or such other sum to be determined by the Arbitral Tribunal. 2. Award for costs of Arbitration, and 3. Award such other and further relief as the Tribunal may seem fit. 15. I certify on behalf of the Claimant that the facts stated in this Statement of Claim are true to the best of my knowledge and belief.

-------------------------Sanjeewa Gunarathne Attorney-at- Law