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 Lugnagall . The contract involves the following:

Circa 2.54km of realignment to the existing N16 National Primary Route (c. 0.79km online and c. 1.75km offline);

Junction Improvements, Circa 1.5km of realignment to the existing local road network (tie-in works);

Three Direct Access connections to the National Primary network;

Circa 1.5km 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 cut side slope in the townland of Lugatober;

One no. Soil Repository/Borrow 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 PW-CF3, for Civil works designed by the Employer. 15

The programme contingencies have been identified in the contract as T1 = 20 Working Days, T2=20 Working Days The works were due to start on the 1/1/2018, however due to a number of issues with residents, the contract did not get started until 8 weeks later. It also transpired that the employer had not completed all of the specifications by the 1/1/2018, 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 31/12/2019 Liquidated Damages have been set for the whole of the

project at 10,000 per week. Subsequent to starting works on site on the 27/2/2018 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. The employer has asked for extra entrances to be accommodated in the works, causing disruption to the schedule of the works. Unmarked services are located during some of these extra works. Working around these services has led to significant disruption in the progress of

the works. The original programme had shown this section of the work to be complete within a 16 week period, however during the progress of the works, it has become obvious that the rate of progress is 50% of what was originally programmed. There was a watermain to be relaid alongside the new road, which the original design required approximately 200 slight bends, including thrust blocks to be installed. Your estimator at tender stage identified this as a possible saving. By using Medium Density Polyethelne pipe, it was possible to avoid the installation of the bends and thrust blocks by pulling the pipe through the trench without any difficulty. The ER has accepted that this will meet the

employers requirements and has also agreed that the change will improve the integrity of the pipeline. Subsequently the employer initiated an employers claim against you under Clause 10.9 of the contract in order to reduce the contract sum, as you have managed to save the

cost of the installation of the pipe fittings and thrust blocks.