Sonnario of Contractual Claim You are a contractor who has been appointed to carry out the construction of a new section of the N16 National Primary Road between Sligo and Manorhamilton (approximately 3km of works) between the townlands of Drumkilsellagh and Lugnagal . The contract involves the following: Circa 2.54km of realignment to the existing N16 National Primary Route (c. 0.79kam online and c. 1.75km offline); Junction Improvements including: One At Grade Roundabout: Six Simple T Junctions, including two Right/Left Staggered T Junctions; (Circa 1.5km of realignment to the existing local road network (tie-in works); Three Direct Access connections to the National Primary network; Circa 1.6km of Vulnerable Road Users (Unsegregated cycle and pedestrian) tracks located predominately with the mainline verge space, interlinking as necessary with alternative offline routes; One Vulnerable Road Users Subway underpass; One River/Stream Clear Span Structure; Culverts and associated diversions of existing minor watercourses and drainage ditches; All the necessary drainage works associated with the Proposed Road Development; The diversion of services and utilities; Earthworks operations, One no. steepened out side slope in the townland of Lugatober, One no. Soil Repository Bonow Pit: Environmental mitigation works; The other consequential construction works necessary in order to complete the project. The ground conditions have been identified in a geotechnical report supplied by the employer, which have been provided to you, without Interpretation. The works are being constructed under the Public Works Contract FW-CF3, for Civil works designed by the Employer. The programme contingencies have been identified in the contract as T1 = 20 Working Days, 12-20 Working Days The works were due to start on the 1/1/2021, however due to a number of issues with residents, the contract did not get started until 8 weeks later. Overlapping this problem, the works were suspended due to the Covid 19 pandemic. Construction works were allowed to begin again on 8/3/2021\fThis delay suited you, as you had a significant amount of other work in the completion phase at that stage, and allowed you to get plant and machinery mobilised for the works. It also transpired that the employer had not completed all of the specifications by the 1/1/2021, and therefore it would have been impossible to start on site until the later date. The overall programme of the works is due to take 104 weeks, and is due to be completed by the 31/12/2023 Liquidated Damages have been set for the whole of the project at (10,000 per week. Subsequent to starting works on site on the 8/3/2021 a number of issues have occurred. It transpires that the geotechnical report has a number of significant inconsistencies contained in it that have caused significant delay to you. The issues relate to rock that has been located along the route that was not identified in the GR. The rock hardness is 5 6 on the Mohr's Hardness Scale, which will require significantly larger rockbreakers to be used, which incurred a greater cost of approximately 50%% over what you have budgeted. The hardness of the rock will has also lead to a slower pace of breaking on a critical element - leading to a delay to the critical path of 3 weeks. Some peat solls have also been identified in the GR which the employer design has shown as being removed in its entirety, and replaced by imported material. You have made a proposal to alter the design to allow the peat to be left insitu and for the road to be piled. This change has been proposed by you as a value engineering proposal, however, In consultation with the employer's representative, you have indicated that there may be extra cost involved, and that you will require specialist designers for the work. There will also be a longer lead in time. This overall change will lead to a 4 week delay to the programme. During the works an archaeological site of national importance is identified. This had not been identified on any documentation, and archaeology found in this way is designated as a Compensation Event In Schedule 1K. The excavation and removal of the artefacts results in a delay of 3 weeks. At the same time as the delay relating to the burial mound, It transpires that some of the operatives on site have not been paid in accordance with clause S of the contract. These people are working for a domestic sub contractor with whom you have not worked before. This sub contractor was brought into the work because of your own lack of labour. The sub contractor's workers have gone on strike, causing other workers to refuse to pass the picket. The standoff between the sub-contractor and his staff lasts for 5 working days. Eventually they all go back to work, however, you have reminded the sub contractor of his responsibility under his sub contract.Delay Fronts, Compensation Fronts, Progamme Contingency, Delay Costs, Adjustments (ub-clounen 3.J. 9.4, 10.1, 108. 10.7) Delay Events and Compensation Events are as follows Event Delay Event Compareation 1 The Employer's Representative gius thi Contractor Change Order which for Defects of their cause and no Debut is found, and the search was not required because of a bilure of the Contraclar to comply with a Contract The Employers Rapsonline Brods On Comedy Is cupand work under sub-elaine 9.2 123 There is a factual error in information about the Sits or setting out information in the Works Requirements. (This down not include an auor of interpretation ! The Employer takes over part of the Works bybre Substantial Completion of the Works and any rekowal Section The Employer's Representaive does not give the Contractor an instruction required under sub-chugg 4 5 4 within the im naquined under sub-chum 411.2 whoin the Contracter has asked for the reduction in accordance with sub-chaise 4. 11.1 The Employer does not allow the Contractor to oppupp and use a part of the Site in accordance with wh-chine T.1 The Employer does not give the Contractor a Works Item or other thing as required by the Contract when the Contractor has atbedfor c in accordance with sub-clause 4.11.1 Employer's Poisoned working on the Sno under cause 716 Intertown with the cooouton of the Words on the Sit, and the interference in unforemanble and rot in accordance with the 11 The Employer Mics the Connector under sub-thing 1.2.3 to rectify loss of or damage to Risk hems for which the Contractor is not sunpornible Schedule 1K Part 1Ewine Delay Event Compensation 13 Lowater damage in the Works that wai the Contractor'sink in accordance whhub-doun 31 13 A worthor event as downbed below A show or lockout affecting ha contruction indusay generaly Na Compactor or any Contactor's Personnel Delay to the Works caused by the order or offew act of a court or other public authority coercising authority under Law, that did not arse in a mofull of of in connection with in act ominion or breach of Legal Requirements of the Contractor Na or the Contractor's Personred or a breach of the Contract by the Corbanon 15 A breach by the Employer of the Conrad delaying the Works that is not listed thewhere in this table. IT Contract when at the Works according to the quartties and descriptions in the Pricing the Worky Requirements. because the Pricing Document when compared with the Works Requirements includes an inconect quantity or "includes on from that than is not included in the Works Requirements or weeuchre on tom hot is included in the Works pristinecomlit chichplan and the difference for an fem in, or that should have been in. the Pricing Document is more than C500. In An ian of suchandenied interest or huron maroons is found on the Tris and it was unlossesable "The Contractor encounters on the Bike unouscabin ground burra-rude obstructions in thes ground, other than Utirigs The Contractor encounters unlessmuch Ubfans in Hi 21 Union as salad in the Works Roquemuch, when the Contractor has complied with their procedures and the Schedule 1K Part 2Some Useful elements to presenting claims. HAVEN GM X\fPARAGON S C. LTD