The contract – Scope and Nature of works - PowerPoint Presentation

1. The contract – Scope and Nature of worksThe Claimant (or ”Contractor”) was awarded the contract dated 06 August 2013 (“Contract”) by the Respondent for, inter-alia, Design and Construction of Civil, Building and Track works on design build lump sum price basis for Rewari-Iqbalgarh section of WDFC – Phase I (Package CTP-1&2).The Commencement Date of the Contract was 30 August 2013 and the Contract works were to be completed by 24 August 2017. The Contract stipulated completion of contract works by achieving five milestones, namely MS-1 to MS-5 as described in “Coordination Events and Key Milestones (ATB 8.2)” of the Contract [HB-Vol.5, p.155]1.The present arbitration relates to the delay in achievement of MS-1: “Completion of Civil and Track skeleton Works Dabla-Rewari”. As per ATB 8.2, the MS-1 was to be achieved within 120 weeks (or 840 days) from commencement i.e., by 17 December 2015.The length of Dabla-Rewari section is 80.286 Km. This section constitutes Dabla-Ateli (40.858 Km), Ateli-Rewari (29.245 Km), and Hissar Line (10.183 km).The various broad items of work that are required to be completed in Dabla-Rewari section for achieving MS-1 are given in the table below –Design and PlanningFormation Earth workMajor / Important Bridges [including Rail Flyovers (RFO)]Minor Structures [including Road Under Bridges (RUB) and Minor Bridges (MIB) and Pedestrian Subways (PS)]Track installation

2. As per the 'Invitation for bids' floated by the Respondent, the eligibility criteria to bid is as follows-4.1 A Bidder may be a single entity or any combination of entities in the form of a joint venture, Association or Consortium (JVA) under an existing agreement or ·with the intent to enter into such an agreement supported by a letter of intent. In the case of a joint venture or association:(a) unless otherwise specified in the BDS, all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms. and(b) the JVA shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the partners of the JVA during the bidding process and, in the event the JVA is awarded the Contract, during contract execution.

3. TOPOGRAPHICAL SNAPSHOT OF THE BHAGEGA - REWARI REGIONBhagega- Rewari - 113.6 KM Dabla- Rewari- 81.9 KM

4. Claim No.Brief description of the claimAmount claimed in statement of claims INRSum awarded INRIOnsite overhead expenses34,54,20,43233,11,23,8652Offsite overhead expenses21,93,19,37620,17,78,1763 (a)Owned Plant & Equipment61,23,07,68430,07,50,5873 (b)Hired Plant & Equipment19,88,46,0335,79,23,5233 (c)PRW's Plant & Equipment31,45,01,500NIL Total 3(a),(b) & (c)112,56,55,21835,86,74,1104Cost on labourers15,13,86,890NIL5Additional cost on fuel1,99,32,6861,16,15,0006Interest on additional funds arranged to make extended stay costs9,29,54,400NIL7Loss of earning capacity & profit57,50,35,06325,43,73,0408Claim for interest 35,91,11,800At flat rate of 8% pa on 31-05-2017 till the date of pronouncement of the Award on INR 115, 75,64,191/-Total 290,82,15,865115,75,64,191 (excluding award for Claim No.8)The Summary of claims granted is as follows -

5. 8.2 Time for CompletionDelete this Sub-Clause and substitute by the following:As stated in ATE, The Permanent Works of entire geographical jurisdiction shall be completed in five stages as under-1: Completion of Civil and Track Skelton works Dabla- Rewari: 100 weeks (700 days) (MS-1)2: Completion of Testing of Prototype Loco Dabla- Rewari: 114 weeks (798 days) (MS-2)3: Completion of Track Skelton for entire Package: 180 weeks (1260 days) for temporary use by the Employer or by other Employer's tower wagons, rail cum road vehicle etc. [Milestone 3]4: Integrated Testing & Commissioning: 196 weeks (1372 days) [Milestone 4]5: Completion of all works & handing over: 208 weeks (1456 days) [Milestone 5]

6. Date of ApplicationDelay Events tillDate of Engineer’s assessmentEOT(days)Extended date of MS1Acceptance of EOT assessmentBy ClaimantBy Respondent17.03.201531.01.201515.05.201516803.06.201630.07.201517.09.201508.02.201631.08.201512.05.201612506.10.201621.05.201615.03.2017All the items of work as listed above can be executed simultaneously or in parallel throughout the stretch of Dabla-Rewari, except track installation, which would require all the other items to be completed in a significant length of section, before skeleton linking of track can be taken up.The Claimant, at its own volition, had planned to carry out track installation works starting from its base track depot at Bhagega, about 35 Km south-west of Dabla. Since the tracks were to be installed sequentially with the help of New Track Construction (NTC) machine, the track installation works from Dabla to Rewari (MS-1) could be done only after the track works were completed by the Claimant starting from Bhagega to Dabla.However, the start and completion of ‘civil works’ (i.e. construction of embankment, bridges etc.) within Dabla-Rewari was independent of the progress in civil or track works in Bhagega-Dabla section.Delay in achievement of MS-1For the reasons described later, MS-1 could not be achieved on the scheduled date. The Contractor had submitted two applications to the Engineer for grant of extension of time [“EOT”] for achievement of MS-1.A summary of the EOT applications and the EOT assessed by the Engineer is as follows;

7. Key dates of construction are as given below-Table 5.9 Construction summary - CTP I (Milestone I to Bhagega to Rewari)Sr. No.ActivityStart MonthFinish MonthDuration in Months1Utility Diversion4962Earthwork420173Bridges excluding FOB's and ROB's620154Bridges including FOB.'s And ROB's826195Buildings722166Track Work172487Post Track Surfacing1727II

8. S. No.DateExhibitEvent/DetailsI.17-03-2015C-10Claimant's first claim for EOT for 268 days till 31-08-2016 in MSl2.15-05-2015C-13Engineer's determination of EOT for 168 days till 03-06-2016 in MSl3.30-07-2015C-14Claimant's acceptance of the Engineer's Determination dated 15-05-20154.17-09-2015R-15Respondent's acceptance of the Engineer's Determination dated 15-05- 20155.8-02-2016C-11Claimant second claim for EOT for 408 days till 31 August 2015 in MS1 6.12-05-2016C-19Engineer's determination of Claimant's claim for EOT for 293 days till 6 October 2016 in MS1 and held that Claimant can be allowed to submit its claims for costs arising therefrom7.21-05-2016C-20Claimant's uncondition al acceptance of the Engineer' s Determination dated 12 May 20168.5-01-2017C-23Engineer wrote a letter directing the Claimant to submit detailed claim, if any, of additional payments 111 respect of delays up to 31 August 2015 for the Engineer's Determination.9.17-01-2017C-24Claimant submitted its claims in respect of Cost incurred and compensation for losses sustained by it up to 31 March 2016

9. S. No.DateExhibitEvent/Details10.16-02-2017C-26Engineer denied the claims for Cost and compensation for losses sustained by the Claimant due to execution of work of MS 1 in the extended period up to 31 March 201611.7-03-2017C-25Claimant updated the cost statement dated 17 January 2017 to include Cost incurred and compensation for losses sustained by Claimant up to 30 September 201612.15-03-2017R-16Respondent's unconditional acceptance of the Engineer's Determination dated 12 May 201613.20-03-2017C-22Engineer gave notice of agreement by both the parties of EOT for completion of MSl by 293 days from 17 December 2015 due to Delay Events accrued up to 31 August 201514.24-03-2017C-27Engineer denied the Cost and compensation entitlement dated 7 March 2017 in respect of the Claimant's EOT Cost Claim 2

10. 96. Reliefs sought by the Claimant96.1. The Claimant set out the following reliefs in its Request for arbitration, which were also recapitulated in paragraph 66 of the Terms of Reference:(i) Additional costs/ damages in the sum of Rs 254,91,66,065/- incurred on account of prolongation of execution of work of MS1 in the extended periods up to 30 September 2016 (considering the delay events accrued up to 31 August 2015) in favour of the Claimant and against the Employer.(ii) Declaration that Claimant is entitled to receive further sums/additional costs/damages to be computed in the same manner as followed in letters dated 17 January 2017 and 7 March 2017 on account of prolongation of execution of the work of MS1 for further extended periods (i.e., beyond 30 September 2016) and till all delay events are concluded.(iii) Interest on the above amount of Rs 254,91,66 ,065/- @12% per annum compounded monthly for the period to be reckoned from the date on which such amounts became due and payable up to the date of the award;(iv) Post Award interest accruing @ 18%until Respondent' s full and final satisfaction of the Award;

11. (v) All costs and expenses of arbitration, including but not limited to the fees and disbursements of the ICC , this Tribunal and the Claim ant ' s legal and associated fees, costs and expenses incurred in connection with and preparation for the conduct of proceed in gs, fees and expenses of arbitrators and legal counsel, experts and witness together with interest on such costs as the Tribunal considers appropriate;(vi) Any other orders / directions in favour of the Claimant which may deem fit and proper in the facts and circumstances of the present case.96.2 The reliefs sought by the Claimant, as quoted herein below, are set out in paragraph 208 of the SOC where the Claimant estimated that the amount of its claim was in the region of Rs. 254,91,04,065 /-. The Claimant seeks orders by way of a Final Award in favour of the Claimant, in the following terms:(I) (a) Pass an award in favour of Claimant and against the Respondent for Costs and compensation in the sum of Rs 197,40,69,002/- incurred on account of execution of work of MS 1 (considering the Delay Events accrued up to 31 August 2015 in favour of the Claimant and against the Employer.(I) (b) Pass an award in favour of Claimant and against the Respondent for compensation for losses/damages in the sum of Rs 57,50,35,063 /- incurred on account of execution of work of MS l in the extended period from 6 August 2015 to 30 September 2016 (considering the Delay Events accrued up to 31 August 2015 in favour of the Claimant and against the Employer.

12. (I) I Pass an award in favour of Claimant for interest on the claim amount of Rs 254,91,04 ,065/- computed at the rate of 12% per annum compounded monthly for the period to be reckoned from the date on which such amounts became due and payable up to the date of the award:(II) Post Award interest accruing @l 8% per annum until Respondent ' s full and final satisfaction of the Award;(III) Pass an award in favour of Claimant and against the Respondent that for all the delays beyond 30 September 2016 the Respondent is obligated to compensate the Claimant for all the costs incurred based on the same principles as awarded in relief (I)(a) above and also compensate the Claimant for the losses/damages incurred as awarded in the relief (I)(b) above together with interest as per (I)(c) above;(IV) All costs and expenses of arbitration, including but not limited to the fees and disbursements of the ICC, this Tribunal and the Claimant's legal and associated fees, costs and expenses incurred in connection with and preparation for the conduct of proceedings, fees and expenses of arbitrators and legal counsel, experts and witness together with interest on such costs as the Tribunal considers appropriate;(V) Any other orders / directions in favour of the Claimant which may deem fit and proper in the facts and circumstances of the present case.96.3 While at the time of raising the Request for arbit ration, the Claimant had clubbed its claim for costs and damages as Rs 254,91,66,065/-, the Claimant segregated the costs and damages as Rs 197,40,69,002/- and Rs 57,50,35 ,063 /- respectively in the SOC. In the SOC, the Claimant also added the relief (III), which was not sought at the time of raising the Request for arbitration.

13. The Claimant has also made a flow-chart to show its entitlement to the Claims made:

14. As per priority of documents laid down in Clause 1.5 of the GC 54 the provisions of the Particular Conditions take priority over "Contractor 's Proposal". The Clause states as follows -1.5 Priority DocumentsThe documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:(a) the Contract Agreement (if any),(b) the Letter of Acceptance,(c) the Letter of Tender,(d) the Particular Conditions,(e) these General Conditions,(j) the Employer's Requirements,(g) the Schedules. and(h) the Contractor 's Proposal and any other documents forming part of the ContractIf any ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.

15.  Clause 8.4 of GCC/PC "Extension of Time for Completion“"The Claimant shall be entitled subject to Sub-Clause 20. I [Claimant's Claims} to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause I 0. I [Taking Over of the Works and Sections} is or will be delayed by any of the following causes:Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause I 3.3 Variation Procedure}),a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions,DeletedUnforeseeable shortages in the availability of Goods caused due to changes in Laws in accordance with the provisions of Sub-Clause 13. 7 any delay, impediment or prevention caused by or attributable to the Employer, the Employer ' s Personnel, or the Employer's other Claimants on the Site.A cause of delay in handing over possession of Site in accordance with the provisions of Sub-clause 2.1 ".

16. These reasons drove the Claimant to seek Extension of Time ("EOT") for Completion of MS I as per inter alia Clause 8.4 and Clause 8.5 of GCC read with PC, which are as follows- Clause 8.5 of GCC "Delays caused by Authorities“ "If the following conditions apply, namely:the Claimant has diligently followed the procedures laid down by the relevant legally constituted public authorities in the Country,these authorities delay or disrupt the Claimant 's work, andthe delay or disruption was Unforeseeable, then this delay or disruption will be considered as a cause of delay under sub-paragraph (b) of Sub-Clause 8.4 [Extension of Time for Completion}. “

17. 20.1 Contractor's ClaimsIf the Contractor considers himself to be entitled to any extension 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 theContractor 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 ji-om 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. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer.

18. 20.1 Contractor's ClaimsWithin 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fidly detailed claim which includes fitll supporting particulars of thebasis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect: (a) this fully detailed claim shall be considered as interim;(b) the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Engineer may reasonably require; and(c) the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as ,nay be proposed by the Contractor and approved by the Engineer.

19. 20.1 Contractor's ClaimsWithin 42 days after receiving a claim or any further particulars supporting a previous claim , or within such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time.Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion) , and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause.

20. Clause 20.6 of the General Conditions of Contract ("GCC") is as follows:Unless settled amicably, any dispute in respect of which the DAB's decision (if any) has not become final and binding shall be finally settled by international arbitration . Unless otherwise agreed by both Parties:the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce,the dispute shall be settled by three arbitrators appointed in accordance with these Rules, andthe arbitration shall be conducted in the language for communications defined in Sub-Clause 1.4 [Law and Language].The arbitrator(s) shall have full power to open up, review and revise any certificate, determination, instruction, opinion or valuation of the Engineer, and any decision of the DAB, relevant to the dispute. Nothing shall disqualify the Engineer from being called as a witness and giving evidence before the arbitrator(s) on any matter whatsoever relevant to the dispute.Neither Party shall be limited in the proceedings before the arbitrator(s) to the evidence or arguments previously put before the DAB to obtain its decision , or to the reasons for dissatisfaction given in its notice of dissatisfaction. Any decision of the DAB shall be admissible in evidence in the arbitration.Arbitration may be commenced prior to or after completion of the Works. The obligations of the Parties, the Engineer and the DAB shall not be altered by reason of any arbitration being conducted during the progress of the Works .

21. 6.2 Programme RequirementsThe Contractor's Works Programme and all other programme in the Contract as applicable shall comply with the following requirements unless otherwise instructed by the Engineer:(3) the Contractor is responsible for determining the sequence of activities, the time estimates for the detailed design and construction activities and the means, methods, techniques and procedures to be enjoyed. Time schedules identified herein shall represent the Contractor's best judgment of how it will execute the Work in compliance with the Contract requirements. The Contractor shall ensure that the time schedule is current and accurate and is properly and timely monitored, updated and revised to accommodate with current project conditions and in compliance with the requirements in the Contract

22. 8.3 ProgrammeThe Contractor shall submit a detailed time programme to the Engineer within 28 days after receiving the notice under Sub-Clause8. I Commencement of Works]. The Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Contractor's obligations. Each programme shall include:the order in which the Contractor intends to carry out the Works, including the anticipated timing of each stage of design, Contractors Documents, procurement, manufacture, inspection, delivery of Site, construction, erection, testing, commissioning and operation'the periods of reviews under Sub - Clause 5.2 [Contractor's Documents ] and for any other submissions, approvals and consents specified in the Employer's Requirements. the sequence and timing of inspections and tests specified in the Contract, anda supporting report which includes:a general description of the methods which the Contractor intends of adopt, and of the major stages, in the execution of the Works, and(ii) details showing the Contractor's reasonable estimate of the number of each class of Contractor 's Personnel and of each type of Contractor's Equipment, required on the Site for each major stage. Unless the Engineer, within 2 I days after receiving a programme, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the programme, subject to his other obligations under the Contract. The Employer's Personnel shall be entitled to rely upon the programme when planning their activities.The Contractor shall promptly give notice to the Engineer of specific probate future events or circumstances which may adversely affect the work, increases the Contract Price or delay the execution of the Works. The Engineer may require the Contractor to submit an estimate of the anticipated effect to the future event or circumstances, and/or proposal under Sub-Clause I 3.3 [Variation Procedure] If, at any time, the Engineer gives notice to the Contractor that a programme fails (to the extent stated) to comply with the Contract or to be consistent with actual progress and the Contractor's stated intentions, the Contractor shall submit a revised programme to the Engineer in accordance with this Sub Clause ..

23. 6.3 Co-ordination with Indian RailwaysSpan arrangement, type of structure and their Technical Design proposed by the Contractor in respect of all the Major/Important Bridges of DFC in parallel/vicinity of the existing structures of Indian Railways shall also require approval from Indian Railways through the Employer in addition to the consent by the EngineerThe Contractor shall be required to submit one additional copy of all his GADs/span arrangement and Technical Design of all such structures to the Engineer for onward submission to Indian Railways . The Employer shall co-ordinate seeking the approval from Indian Railways, however, the Contractor shall facilitate the Engineer/Employer in seeking the approval from Indian Railways but not limited to providing clarifications/additional data, attending meetings etc. as required

24. Section 73 of the Indian Contract Act, 1872, which are reproduced here in below- 73. Compensation for loss or damage caused by breach of contract.- When a contract has been broken , the party who suffers by such breach is entitled to receive, .from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach , or which the parties knew , when they made the contract, to be likely to result from the breach of it.Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.Compensation for failure to discharge obligation resembling those created by contract.-When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract.Explanation.- In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account.     

25. S.No.Delay event relied upon by the ContractorAnalysis by the Engineer/Extract from the EOT Determinationl.Engineer's consent/ NONO to Contractor' s design drawings and submittals (Contractor's design documents)4.4. On analysing the EOT assessment due to delayed approval with reference to the critical path analysis, it is noted that the delay due to the Engineer's approval is much less than the period on other concurrent (dominant) delay's events on the critical path and as such is absorbed by those events. As such the said assessed delay due to delayed approval is not on the critical path .....2.Change in the law (in the State ofRajasthan) Requiring prior environmental clearance for the State to issue lease permission for mining of minor minerals having an area less than 5 ha and subsequent suspended EC process by NGT order.The Engineer concludes that the Contractor is entitled EOT since on the Base Date i.e. , 22 October 2013, the requirement of EC was not there. Thereafter there was suspension of EC process due to the NGT stay between 8 January 2013 to 13 January 2015 which was beyond Contractor's control. The NGT order amounted to a change in law and affected the Bhagega­ Dabla section which in tum affected the Rewari- Dabla section3.Delay caused to commencement of the work of RUB due to not finalizing RUB design by IR.The requirement of IR approval for MIBs & RUBs is a new requirement with reference to ER. Accordingly, this new requirement is considered as a variation to the Contract. The location and span arrangement indicated in ER has also been changed and revised after discussions with IR. Contractor is entitled to EOT on this countEngineer's EOT Determination dated 15 May 201572 granting 168 days-

26. S.No.Delay event relied upon by the ContractorAnalysis by the Engineer/Extract from the EOT Determination4.Delay due to handing over of encumbered possession of land within right of wayThe Contractor has failed to substantiate details how individual isolated obstructions prevented him proceeding with work and affect the delay for full section ... .. as seen from critical path analysis, the delay due to encumbered site conditions (if any) should be absorbed by other concurrent (dominant) delay during the extended period ....5Delay in shifting of chartered/uncharted utilitiesContractor failed to explain the reasons for the delayed submission (by 3-4 months) utilities of the variation proposal.The Contractor has also failed to substantiate details as to how those utilities have affected the delay for full section of work and failed to demonstrate the claimed events with comparison between CCP and as-built based on factual records and the linkage between sections within critical path which have caused delay for completion of work.Accordingly the Contractor's said claim of delay due to shifting of utilities has not been considered for EOT ... ....Engineer's EOT Determination dated 15 May 201572 granting 168 days-

27. S.No.Delay event relied upon by the ContractorAnalysis by the Engineer/Extract from the EOT Determinationl.Engineer's consent/ NONO to Contractor' s design drawings and submittals (Contractor's design documents)3.4.4.6 On analyzing the EOT assessment due to delayed approval with reference to the critical path analysis, it is noted that the delay due to the Engineer's approval is much less than the period on other concurrent (dominant) delay 's events on the critical path and as such is absorbed by those events ...2.Change in the law (in the State ofRajasthan) Requiring prior environmental clearance for the State to issue lease permission for mining of minor minerals having an area less than 5 ha and subsequent suspended EC process by NGT order.3.5.5.... this delay event was not continuing beyond 31.01.2015. Accordingly NO extension of time is applicable for the MS-1 due to the same in the period from 01.02.2015 to 31.08.2015.3.Delay caused to commencement of the work of RUB due to not finalizing RUB design by IR.3.6.3.... a) The delay in approval of Integrated GAD (new requirement) as well as delay in commencement of construction of some of RUB was prevalent in the period from 01.02.2015 to 31.08 .2015.b) The location/span arrangement of some of the RUBs has been modified as per the requirements of IR....Engineer's EOT Determination dated 12 May 201673 giving 125 days

28. S.No.Delay event relied upon by the ContractorAnalysis by the Engineer/Extract from the EOT Determination4.Delay due to handing over of encumbered possession of land within right of way3. 7.Delay due to encumbered site conditions (if any) should be absorbed by other concurrent (dominant) delay during the extended period as the result of this analysis ....5Delay in shifting of chartered/uncharted utilities3.8.5... No EOT is applicable due to the claimed delay in shifting of Chartered and Unchartered utility ..Engineer's EOT Determination dated 12 May 201673 giving 125 days

29. Delay occurred uptoClaimant's claim for EOTEngineer's AssessmentEngineer's Determination/ Notice of Agreement (Clause 3.5)DaysRevised dateDaysRevised date31 January 201525831 August 201616803 June 2016 (vide Engineer's letter dated 15May 2015)21 September 201531 August 201540828 January 201729306 October 2016 (vide Engineer's letter dated 12May 2016)20 March 2017These Delay Events entitled the Claimant to E0T for completion of MS1 inter alia as per Clause 8.4 and Clause 8.5 of GCC read with PC. Claimant' s claims for EOT (interim) and for Determination by the Engineer are set out hereinbelow:

30. Bridge No.Engineer recommending GAD approval to Employer seeking approval of IR(Reference)Approval of IR to GAD (Reference)No. of Days after which Employer forwarded approval of GAD by IRPeriod of completion as per CCP [calendar days]Minimum time required for the completion of MJBMJB- 2629 August 14 (l-187/Page 190)01 May 15(HB7/Page 308)24626016 January 2016MJB- 2829 August 14 (I-187/Page 191)01 May 15(I-187/Page 309)24626016 January 2016MJB- 35IO October 14(I-187/Page 192)01 May 15(HB7/Page 310)21426016 January 2016MJB- 5618 November 14(HB7/Page 193)01 May 15(HB7/Page 311)18826023 January 2016The Claimant has contended that the IR's approval to the Claimant's GAD, as recommended by the Engineer following its review/ assessment and reassessment etc., was delayed substantially for no fault of Claimant and has presented the following tables76 in support thereof-Bhagega- Dabla Section

31. Bridge No.Engineer recommending GAD approval to Employer seeking approval of IR (Reference)Approval of IR to GAD (Reference)Period of completion as per CCP [calendar days]Minimum time required for the completion of MJBMJB-212 February 14(HB7/Page 313)8 May 15 (HB7/Page 313)38931 May 2016MJB-1311 March 14(HB7/Page 3 14)19 August 15(HB7/Page 314)38911 September 2016The Claimant has contended that the IR's approval to the Claimant's GAD, as recommended by the Engineer following its review/ assessment and reassessment etc., was delayed substantially for no fault of Claimant and has presented the following tables76 in support thereof-Ateli –Rewari Section

32.  SectionPeriod of completion CCPRevised date of startEntitled date of Completion considering CCPActual period of EOT granted by Engineer up toMitigation of delay considered by the Engineer in daysBhagega Dabla26001.09.1518.05.1612.01.16127Dabla Ateli33201.09.1529.07.1613.04.16107Ateli Rewari38901.09.1524.09.1622.06.1694THE TRIBUNAL PREPARED A TABULAR CHART TO DEMONSTRATE THE EXTENT OF MITIGATION OF DELAYS SECTION-WISE AS UNDER CONSIDERING THE STATUS OF HINDRANCES AS ON 31 AUGUST 2015.