The Essential Elements of a Successful Claim - Construction Claims and Responses: Effective Writing and Presentation - page 71

be started and thus the last to be completed. The effect of this delay
event therefore had a direct effect on the Time for Completion of
the project. The impacted baseline programme included herein
under Appendix B demonstrates that the effect on the individual
activities of the affected dwellings has had the overall effect of
delaying the Time for Completion by 9 days, i.e. until 6 August
2010.

The Contractor ' s Entitlement

1. Extension to the Time for Completion
a. The Contractor ' s entitlement to an extension to the Time for
Completion is contained within the provisions of Sub-Clause 8.4
(Extension of Time for Completion) which provides that:

' The Contractor shall be entitled subject to Sub-Clause 20.1
[Contractor ' s Claims] to an extension of the Time for Completion
if and to the extent that completion for the purposes of Sub-
Clause 10.1 [Taking Over of the Works and Sections] is or will
be delayed by any of the following causes:
. . .
(e) any delay, impediment or prevention caused by or attributable
to the Employer, the Employer's Personnel, or the Employer's
other contractors on the Site . '

b. The event of the road closure by the infrastructure contractor, as
described herein, clearly falls under the provision of ' delay,

impediment or prevention caused by or attributable to
the . . . Employer ' s other contractors on the Site ' . Consequently,
the Contract provides that the Contractor shall be entitled to

' an
extension of the Time for Completion if and to the extent that
completion . . . is or will be delayed ' . The claim submitted herein
contains the Contractor's request for an extension of Time for
Completion for the nine days of delay demonstrated.
2. Additional Payment
a. The above sub - clause contains a reference to Sub - Clause 20.1
(Contractor ' s Claims) which 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 . '

b. This sub - clause provides that the Contractor may claim additional
payment. Due to the circumstances causing a delay to the Time