Claim Responses and Determinations - Construction Claims and Responses: Effective Writing and Presentation - page 169

Clause 10.1 [Taking Over of the Works and Sections] is or will
be delayed . '
4. Thus, the entitlement of the Employer to the payment of delay
damages is negated for any circumstances that entitle the Contractor
'to an extension of the Time for Completion'. As is demonstrated
herein, the Contractor is entitled to such an extension of time and
therefore the Employer is not entitled to the payment of delay
damages by the Contractor.
The Engineer's Response
1. The Engineer concurs that the Employer is not
entitled to the payment of delay damages for
the period of the extension of time, but
considers that the period of the extension
of the Time for Completion is 2 calendar days
and not 9 calendar days as claimed by the
Contractor.
Conditions Precedent to Entitlement
The Contractor ' s Claim
1. Sub - Clause 20.1 (Contractor ' s Claims) provides that:
'If the Contractor considers himself to be entitled to any exten-
sion of the Time for Completion and/or any additional payment,
under any Clause of these Conditions or otherwise in connection
with the Contract, the Contractor shall give notice to the Engineer,
describing the event or circumstance giving rise to the claim. The
notice shall be given as soon as practicable, and not later than
28 days after the Contractor became aware, or should have
become aware, of the event or circumstance.
If the Contractor fails to give notice of a claim within such
period of 28 days, the Time for Completion shall not be extended,
the Contractor shall not be entitled to additional payment, and
the Employer shall be discharged from all liability in connection
with the claim. Otherwise, the following provisions of this Sub-
Clause shall apply.
The Contractor shall also submit any other notices which are
required by the Contract and supporting particulars for the
claim, all as relevant to such event or circumstance.
The Contractor shall keep such contemporary records as may
be necessary to substantiate any claim, either on the Site or at
another location acceptable to the Engineer. Without admitting
the Employer's liability, the Engineer may, after receiving any
notice under this Sub-Clause, monitor the record-keeping and/or
instruct the Contractor to keep further contemporary records.