You have been asked to present a claim, based on the scenario below, in a report format for an exten

You have been asked to present a claim, based on the scenario below, in a report format for an extension of time and
additional payment under the building contract JCT SBC 2011 with Quantities version.
Consideration needs to given to the following:
? Covering letter
? The contract clauses under which the claim can be made
? The programme
? The facts of the claim
? The heads of claim
? The calculation of the additional monies due
1. Professional Presentation of the claim using industry standard protocols (10%)
2. Understanding of the facts of the claim. (10%)
3. Appropriate heads of claim used and relevant contractual clauses selected against which the claim can be made. (40%)
4. Accuracy of calculation/detail of the claim. (40%)
The following scenario relates to a construction project which has suffered from a number of problems during the
course of the works.
The problems described in the scenario have resulted in delays and disruption, which in consequence, need
resolving.
The contract is still in progress with no immediate clear completion in site
Project
A contract has been let for a new build 200 luxury serviced student accommodation block complete with associated ground
floor lounge, leisure and retail space and includes associated landscaping and cycle parking facilities. The client is Bell
Developments.
Consultants
Conceptual Architect: Robinson & Partners of London
Responsibility for Implementation: Spencers of Manchester (Architects)
Construction Contractor: Hartley Contracting of Chester
Structural Engineer: Hickey Partners of Chester
Quantity Surveyor: Dowd & Hartwell of Liverpool
Contract Details
Procured and let on a traditional contract under JCT2011 with quantities.
Contract value is £12,000,000.
Date of possession is January 6 2014
Completion date May 22 2015.
Site Details
The project is located on a North West University campus which houses several teaching blocks, library, retail units and
other student living accommodation. The site is constrained, with access via a busy main road located on a blind corner.
The project is in close proximity to existing teaching buildings constructed in the Victorian era which are to be occupied
throughout the works with no interruption to normal on campus activities
Tender/Contract stipulations
“Before tendering, contractors are advised to visit the site and ascertain its nature, access thereto and all local conditions
and restrictions likely to affect the execution of the works.�
The contract included an Undefined Provisional sum for the soft landscaping work
Tender pricing
Some items in the Preliminaries bill, which are relevant to the delays suffered, have been 'zero rated'
Project Incidents
The following incidents have occurred to date:
There was a delay in handing the site over to the contractor which delayed handover of the possession of the site to the
contractor by 2 weeks.
4 weeks into the contract the Client requested an extension to the ground floor of the student accommodation to provide
facilities for a gym of 200m2.
Poor quality ground was discovered which necessitated the redesign of the foundations. This delayed any further works for
six weeks.
In March 2014 concrete pouring was restricted due to severe weather conditions including frost and high winds resulting in
a 5 day delay in the concrete pour.
Work on site was disrupted due to a national university sporting event taking place on the site for 3 weeks during April. The
increased volume of traffic in terms of cars, coaches and people restricted deliveries to the site significantly, resulting in the
university requesting that deliveries did not take place between 12 and 4pm to facilitate people moving safely across the
site between events.
In September 2014 a tanker carrying hazardous products (not being driven in connection with the contract) was involved in
an accident at the entrance to the site. Police cleared the area because of risk to people from the fumes for 48 hours. Work
on site ceased for the duration.
The curtain walling sub-contractor went bankrupt 4 weeks before it was due to start on site. It was 12 weeks before a new
sub-contractor could start on site.
On receiving the landscaping design details the contractor is claiming a 6 weeks adjustment be made to the completion
date.
NOTE
Assume the contractors audited profits are:
2011 10%
2012 8%
2013 8%
2014 10%
Assume the Preliminaries are 6% of the project sum.
Please state all other assumptions made.

 

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