Question
TASK 4 LD, EOT, L&E and Determination (15%) You are a quantity surveyor for Charlene & Gillian (C&G) consultant QS Ltd. Your company is working
TASK 4 LD, EOT, L&E and Determination (15%) You are a quantity surveyor for Charlene & Gillian (C&G) consultant QS Ltd. Your company is working for Nicolas and Faye (N&F) Developers Ltd. in a project to renovate a clubhouse located at the penthouse of a luxurious service apartment at 883 Temple Street, China Town. The following are the relevant contract particulars: Original Contact Sum: $10 Million Original Contract Period: 12 months Contract Commencement Date: 1/10/2018 Contract Date for Completion: 30/9/2019 Liquidated and Ascertained Damages: $2000/day By June 2019, the Contractor (Collins Contracting Co. Ltd.) had been in serious delay (on his own default) with no entitlement to extension of time. According to the revised programme submitted by Collins on 15/6/2019, his anticipated date for completion of the contract was 30/11/2019 (i.e. two months delay was anticipated. The Architect had endorsed such revised programme after examination. On 22/6/2019, unfortunately there were suspected cases of Corona Virus amongst the residents of the lower floors of the building. The building was subject to tight ingress/egress control by the Health Department waiting for medical diagnosis of the patients. No construction work was possible during the control period. The patients illnesses were later confirmed NOT relating to Corona Virus and the control was lifted on 20/8/2019. The percentage value of work completed upon suspension of work was 70% of the original contract sum. On 21/8/2019, N&F, after reviewing the situation, instructed the contractor via the Superintendent to continue suspension of the work until 22/9/2019. The work restarted on 23/9/2019 Today is 31/3/2020, your boss asks you to send him a full appraisal of the contractual and financial positions of N&F. The appraisal should include your analysis about the Contractors entitlement to extension of time and loss & expenses, the Developers liability of liquidated damages, the risk of determination. You are expected to refer to the relevant provisions/conditions of the Contract to support your analysis too.
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