Claim Responses and Determinations - Construction Claims and Responses: Effective Writing and Presentation - page 158

therefore considers that ready-mixed concrete
could have been delivered to the required
workface at House Nos. 36 and 38 by means of
a concrete pump situated at the far side of
the road crossing to the dwellings. The
Engineer would have considered awarding addi-
tional payment for such a contingency measure.
3. The Engineer concurs that the road crossing
was reinstated on 9 February 2010 and that
work was able to be recommenced on the affected
dwellings by the Contractor on 10 February
2010.
4. The Engineer accepts that the road crossing
should have been reinstated by the infra-
structure contractor on 3 February 2010, thus
allowing the Contractor full access on 4
February 2010. The additional time taken by
the infrastructure contractor that prevented
the Contractor from continuing work until 10
February 2010 comprises a delay of 6 days.
5. As stated previously, however, the Engineer
also considers that the Contractor should have
reasonably planned for possible delay by the
infrastructure contractor by ensuring that
adequate materials were available for one
additional day, thus ensuring that it was pos-
sible to continue work on 4 February 2010 and
reducing the effect of the delay to 5 days.
6. Given the fact that the Contractor should have
made arrangements to provide materials so that
work could continue between 1 and 3 February
2010, the advised dates of the road closure,
plus one additional day for contingencies, the
Engineer considers that only the effect of the
infrastructure contractor's delay in rein-
stating the road crossing from 5 to 9 February
2010 should be considered as a period during
which the Contractor was prevented from carry-
ing out his works to the affected dwellings.
The Contractor ' s Claim
1. This period of suspension had the effect of delaying the Time for
Completion of the Works and this has been demonstrated by impact-
ing the event on the individual activities on the current baseline
programme (included [in the Contractor's claim]