Claim Diagnostic
Rampur to Devgarh four-laning (fictional sample)
Disclaimer. Decision-support output generated with AI assistance from the documents supplied. It is not legal advice. All findings, dates and quotations must be verified against the source documents by a qualified professional before reliance.
1. Executive summary
9 of 24 notice checks show a missing or late notice; 5 of 8 claim heads rated strong or moderate.
Notice checks by status
- Missing5
- Late4
- Undetermined6
- Compliant9
Claim heads by strength
strong: 2 moderate: 3 weak: 3 unclear: 0
Priority time-bar risks
- missing 2023-09-10 Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). (clause 8.4) View check
- missing Reviewer adjusted 2023-09-10 Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). (clause 10.3.1) View check
- missing 2023-09-10 Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). (clause 19.9) View check
- missing 2023-11-15 Authority issues Change of Scope Instruction CoS-01 for a 2.100 km service road and asks for a cost and time proposal within 14 days. (clause 13.2) View check
- missing 2023-11-15 Authority issues Change of Scope Instruction CoS-01 for a 2.100 km service road and asks for a cost and time proposal within 14 days. (clause 19.9) View check
Showing 5 of 9 checks with status missing or late. Open the full time-bar table.
Particulars missing or late for 4 notified events. See the Deadline column of the time-bar table.
2. Time-bar risks
Each notice check tests whether the contractual notice was given within its window. Missing and late items are listed first. Where the contract also sets a period for full particulars after the notice, the Deadline column shows whether particulars followed in time. This does not change the notice status.
1 check was adjusted by a reviewer. These rows show the reviewer's status and reason, with the status the checker computed beside it.
Showing 24 of 24 checks
| Status | Trigger date | Event | Source | Clause | Deadline | Matched notice(s) | Days late | Notes |
|---|---|---|---|---|---|---|---|---|
| missing | 2023-09-10 | Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). | correspondence/hindrance_register.csv p.1 | 8.4 | 2023-09-25 | n/a | n/a | Notice required within 15 days under Clause 8.4 (deadline 2023-09-25); no notice found. |
| missing Reviewer adjustedMachine: late |
2023-09-10 | Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). | correspondence/hindrance_register.csv p.1 | 10.3.1 | 2023-09-25 | n/a | Reviewer's reason: The 25 June 2024 extension application covers Events A, B and C only, not the HT line. No notice for the HT line is on file. Machine notes: Notice required within 15 days under Clause 10.3.1 (deadline 2023-09-25); earliest notice dated 2024-06-25, 274 days late. Matched only to an extension of time application; check that it covers this event. Contract states this is a time-bar condition. Particulars required within 30 days of the notice (by 2024-07-25); given on 2024-06-25. Particulars taken from an extension of time application; check that it covers this event. |
|
| missing | 2023-09-10 | Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). | correspondence/hindrance_register.csv p.1 | 19.9 | 2023-10-10 | n/a | n/a | Notice required within 30 days under Clause 19.9 (deadline 2023-10-10); no notice found. Contract states this is a time-bar condition. |
| missing | 2023-11-15 | Authority issues Change of Scope Instruction CoS-01 for a 2.100 km service road and asks for a cost and time proposal within 14 days. | correspondence/2023-11-15_VSHDC_Change-of-Scope-Service-Road.txt p.1 | 13.2 | 2023-11-29 | n/a | n/a | Notice required within 14 days under Clause 13.2 (deadline 2023-11-29); no notice found. Contract states this is a time-bar condition. Also recorded in 1 other document(s). |
| missing | 2023-11-15 | Authority issues Change of Scope Instruction CoS-01 for a 2.100 km service road and asks for a cost and time proposal within 14 days. | correspondence/2023-11-15_VSHDC_Change-of-Scope-Service-Road.txt p.1 | 19.9 | 2023-12-15 | n/a | n/a | Notice required within 30 days under Clause 19.9 (deadline 2023-12-15); no notice found. Contract states this is a time-bar condition. Also recorded in 1 other document(s). |
| late | 2023-08-01 | Railway administration returned the ROB drawings with observations; approval is awaited and ROB foundation and approach works cannot start. | correspondence/2023-08-01_MCE_ROB-GAD-Drawing-Status-km22.4.txt p.1 | 8.4 | 2023-08-16 | 20 | Notice required within 15 days under Clause 8.4 (deadline 2023-08-16); earliest notice dated 2023-09-05, 20 days late. Also recorded in 1 other document(s). | |
| late | 2023-08-01 | Railway administration returned the ROB drawings with observations; approval is awaited and ROB foundation and approach works cannot start. | correspondence/2023-08-01_MCE_ROB-GAD-Drawing-Status-km22.4.txt p.1 | 10.3.1 | 2023-08-16 particulars latedue 2023-10-05, 264 days late |
20 | Notice required within 15 days under Clause 10.3.1 (deadline 2023-08-16); earliest notice dated 2023-09-05, 20 days late. Contract states this is a time-bar condition. Particulars required within 30 days of the notice (by 2023-10-05); first particulars dated 2024-06-25, 264 days late. Particulars taken from an extension of time application; check that it covers this event. Also recorded in 1 other document(s). | |
| late | 2023-08-01 | Railway administration returned the ROB drawings with observations; approval is awaited and ROB foundation and approach works cannot start. | correspondence/2023-08-01_MCE_ROB-GAD-Drawing-Status-km22.4.txt p.1 | 19.9 | 2023-08-31 | 5 | Notice required within 30 days under Clause 19.9 (deadline 2023-08-31); earliest notice dated 2023-09-05, 5 days late. Contract states this is a time-bar condition. Also recorded in 1 other document(s). | |
| late | 2023-11-15 | Authority issues Change of Scope Instruction CoS-01 for a 2.100 km service road and asks for a cost and time proposal within 14 days. | correspondence/2023-11-15_VSHDC_Change-of-Scope-Service-Road.txt p.1 | 10.3.1 | 2023-11-30 particulars givendue 2024-07-25, given 2024-06-25 |
208 | Notice required within 15 days under Clause 10.3.1 (deadline 2023-11-30); earliest notice dated 2024-06-25, 208 days late. Matched only to an extension of time application; check that it covers this event. Contract states this is a time-bar condition. Particulars required within 30 days of the notice (by 2024-07-25); given on 2024-06-25. Particulars taken from an extension of time application; check that it covers this event. Also recorded in 1 other document(s). | |
| undetermined | 2024-02-20 | Right of way for km 15.000 to 18.000 is still not handed over; the Project Director agreed to clear it by 31 March 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1 | 8.4 | 2024-03-06 | n/a | No notice within the period after this record, but a notice for the same category was given on 2023-05-20. Verify whether this is a continuing event already notified under Clause 8.4. | |
| undetermined | 2024-02-20 | Right of way for km 15.000 to 18.000 is still not handed over; the Project Director agreed to clear it by 31 March 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1 | 10.3.1 | 2024-03-06 | n/a | No notice within the period after this record, but a notice for the same category was given on 2023-05-20. Verify whether this is a continuing event already notified under Clause 10.3.1. | |
| undetermined | 2024-02-20 | Right of way for km 15.000 to 18.000 is still not handed over; the Project Director agreed to clear it by 31 March 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1 | 19.9 | 2024-03-21 | n/a | No notice within the period after this record, but a notice for the same category was given on 2023-05-20. Verify whether this is a continuing event already notified under Clause 19.9. | |
| undetermined | 2024-02-20 | Shifting of the HT overhead line at km 26.300 is recorded as still in progress, expected to finish by 28 February 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1 | 8.4 | 2024-03-06 | n/a | n/a | Recorded at a meeting; the same event was first recorded on 2023-09-10. See the check for that date under Clause 8.4. |
| undetermined | 2024-02-20 | Shifting of the HT overhead line at km 26.300 is recorded as still in progress, expected to finish by 28 February 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1 | 10.3.1 | 2024-03-06 | n/a | n/a | Recorded at a meeting; the same event was first recorded on 2023-09-10. See the check for that date under Clause 10.3.1. |
| undetermined | 2024-02-20 | Shifting of the HT overhead line at km 26.300 is recorded as still in progress, expected to finish by 28 February 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1 | 19.9 | 2024-03-21 | n/a | n/a | Recorded at a meeting; the same event was first recorded on 2023-09-10. See the check for that date under Clause 19.9. |
| compliant | 2023-05-08 | Register row 1: ROW not handed over at km 12.000 to 15.000 from 8 May 2023 to 15 December 2023 (221 days). | correspondence/hindrance_register.csv p.1 | 8.4 | 2023-05-23 | n/a | Notice required within 15 days under Clause 8.4 (deadline 2023-05-23); earliest notice dated 2023-05-20. Also recorded in 1 other document(s). | |
| compliant | 2023-05-08 | Register row 1: ROW not handed over at km 12.000 to 15.000 from 8 May 2023 to 15 December 2023 (221 days). | correspondence/hindrance_register.csv p.1 | 10.3.1 | 2023-05-23 particulars latedue 2023-06-19, 372 days late |
n/a | Notice required within 15 days under Clause 10.3.1 (deadline 2023-05-23); earliest notice dated 2023-05-20. Particulars required within 30 days of the notice (by 2023-06-19); first particulars dated 2024-06-25, 372 days late. Particulars taken from an extension of time application; check that it covers this event. Also recorded in 1 other document(s). | |
| compliant | 2023-05-08 | Register row 1: ROW not handed over at km 12.000 to 15.000 from 8 May 2023 to 15 December 2023 (221 days). | correspondence/hindrance_register.csv p.1 | 19.9 | 2023-06-07 | n/a | Notice required within 30 days under Clause 19.9 (deadline 2023-06-07); earliest notice dated 2023-05-20. Also recorded in 1 other document(s). | |
| compliant | 2023-05-09 | Joint inspection records that the right of way for km 12.000 to 18.000 has not been handed over, with walls, sheds, a tube well and an 11 kV line inside the carriageway limits. | correspondence/2023-05-10_MCE_ROW-Site-Inspection-km12-18.txt p.1 | 8.4 | 2023-05-24 | n/a | Notice required within 15 days under Clause 8.4 (deadline 2023-05-24); earliest notice dated 2023-05-20. | |
| compliant | 2023-05-09 | Joint inspection records that the right of way for km 12.000 to 18.000 has not been handed over, with walls, sheds, a tube well and an 11 kV line inside the carriageway limits. | correspondence/2023-05-10_MCE_ROW-Site-Inspection-km12-18.txt p.1 | 10.3.1 | 2023-05-24 particulars latedue 2023-06-19, 372 days late |
n/a | Notice required within 15 days under Clause 10.3.1 (deadline 2023-05-24); earliest notice dated 2023-05-20. Particulars required within 30 days of the notice (by 2023-06-19); first particulars dated 2024-06-25, 372 days late. Particulars taken from an extension of time application; check that it covers this event. | |
| compliant | 2023-05-09 | Joint inspection records that the right of way for km 12.000 to 18.000 has not been handed over, with walls, sheds, a tube well and an 11 kV line inside the carriageway limits. | correspondence/2023-05-10_MCE_ROW-Site-Inspection-km12-18.txt p.1 | 19.9 | 2023-06-08 | n/a | Notice required within 30 days under Clause 19.9 (deadline 2023-06-08); earliest notice dated 2023-05-20. | |
| compliant | 2024-03-25 | Authority pays Rs 18.42 crore against RA Bill No. 6, about 30 days after the due date, and regrets the delay. | correspondence/2024-03-25_VSHDC-Finance_RA-Bill-No-6-Payment-Advice.eml p.1 | 19.9 | 2024-04-24 | n/a | Notice required within 30 days under Clause 19.9 (deadline 2024-04-24); earliest notice dated 2024-04-02. | |
| compliant | 2024-07-20 | Unprecedented Ken river flood washes away about 310 m of the temporary diversion and the box culvert at km 8.200. | correspondence/2024-07-24_SIPL_Force-Majeure-Notice-Ken-River-Flood.eml p.1 | 10.3.1 | 2024-08-04 particulars missingdue 2024-08-23, none found |
n/a | Notice required within 15 days under Clause 10.3.1 (deadline 2024-08-04); earliest notice dated 2024-07-24. Particulars required within 30 days of the notice (by 2024-08-23); no particulars found. Also recorded in 1 other document(s). | |
| compliant | 2024-07-20 | Unprecedented Ken river flood washes away about 310 m of the temporary diversion and the box culvert at km 8.200. | correspondence/2024-07-24_SIPL_Force-Majeure-Notice-Ken-River-Flood.eml p.1 | 21.3 | 2024-07-27 | n/a | Notice required within 7 days under Clause 21.3 (deadline 2024-07-27); earliest notice dated 2024-07-24. Also recorded in 1 other document(s). | |
| No checks match this filter. | ||||||||
3. Claim register
Each claim head shows its strength rating. Open a card for supporting events, risks and next steps. Event references link to the chronology.
C01
Extension of time for right of way not handed over, km 12 to 18 (Event A)
moderate
7 supporting events
- Head type
- extension of time
- Narrative
- The Authority was to hand over the right of way under Clause 8.2, but the joint inspection of 9 May 2023 records that km 12.000 to 18.000 was blocked by encroachments and standing structures. The Contractor gave written notice on 20 May 2023, within 15 days of the 8 May 2023 occurrence, under both Clause 8.4 and Clause 10.3.1. The hindrance register shows km 12 to 15 handed over on 15 December 2023 and km 15 to 18 only on 31 May 2024, and the minutes of 20 February 2024 confirm km 15 to 18 was still outstanding. The 25 June 2024 application puts this event at 176 days. This is the only part of the 214 day claim with a timely notice on file.
- Supporting events
-
- 2023-05-09 | Joint inspection records that the right of way for km 12.000 to 18.000 has not been handed over, with walls, sheds, a tube well and an 11 kV line inside the carriageway limits. | correspondence/2023-05-10_MCE_ROW-Site-Inspection-km12-18.txt p.1
- 2023-05-08 | Contractor states its team was prevented from entering km 12.000 because of encroachments and standing structures. | correspondence/2023-05-20_SIPL_Hindrance-Notice-ROW-km12-18.txt p.1
- 2023-05-20 | Contractor gives written notice of hindrance under Clause 8.4 and of an EOT event under Clause 10.3.1, and reserves extension of time and consequential costs. | correspondence/2023-05-20_SIPL_Hindrance-Notice-ROW-km12-18.txt p.1
- 2023-05-08 | Register row 1: ROW not handed over at km 12.000 to 15.000 from 8 May 2023 to 15 December 2023 (221 days). | correspondence/hindrance_register.csv p.1
- 2023-05-08 | Register row 2: ROW not handed over at km 15.000 to 18.000 from 8 May 2023 to 31 May 2024 (389 days). | correspondence/hindrance_register.csv p.1
- 2024-02-20 | Right of way for km 15.000 to 18.000 is still not handed over; the Project Director agreed to clear it by 31 March 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1
- 2024-06-25 | Contractor applies for 214 days extension of time (to 31 October 2025) for Events A, B and C, with a time impact analysis, and disputes delay damages. | correspondence/2024-06-25_SIPL_EOT-Application-214-Days.txt p.1
- Clause refs
- 8.2, 8.4, 10.3.1
- Amounts (INR)
- n/a
Risks
- Clause 10.3.1 asks for full particulars within 30 days of the notice, which was by 19 June 2023. The first particulars on file are in the 25 June 2024 application, about a year late.
- The 176 days claimed overlaps with the drawings and change of scope periods. The Authority will argue concurrency and ask for a critical path analysis.
- The register entries are not countersigned by the Authority's Engineer in the copy reviewed.
Next steps
- Search the Contractor's outward register for any particulars letter sent between 20 May and 19 June 2023.
- Obtain the hindrance register signed by the Authority's Engineer for km 12 to 18.
- Prepare a programme analysis showing km 15 to 18 on the critical path until 31 May 2024.
C02
Extension of time for ROB drawing approval delay at km 22.4 (Event B)
weak
5 supporting events
- Head type
- extension of time
- Narrative
- The ROB general arrangement drawings at km 22.400 were pending with the Railway administration from 1 August 2023 until approval on 30 January 2024. The Contractor's notice is dated 5 September 2023, 20 days after the 16 August 2023 deadline under Clauses 8.4 and 10.3.1. Clause 10.3.1 says that without timely notice the Contractor is not entitled to an extension and the Authority is discharged from liability for the event. The 25 June 2024 application claims 94 days for this event.
- Supporting events
-
- 2023-08-01 | Railway administration returned the ROB drawings with observations; approval is awaited and ROB foundation and approach works cannot start. | correspondence/2023-08-01_MCE_ROB-GAD-Drawing-Status-km22.4.txt p.1
- 2023-08-01 | Register row 3: ROB GAD approval pending from 1 August 2023 to 30 January 2024 (182 days). | correspondence/hindrance_register.csv p.1
- 2023-09-05 | Contractor notifies the ROB drawing delay and its entitlement to extension of time under Clauses 8.4 and 10.3.1; particulars to follow. | correspondence/2023-09-05_SIPL_Delay-Notice-ROB-Drawings-EOT.txt p.1
- 2024-01-30 | Railway administration approved the ROB GAD drawings on 30 January 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1
- 2024-06-25 | Contractor applies for 214 days extension of time (to 31 October 2025) for Events A, B and C, with a time impact analysis, and disputes delay damages. | correspondence/2024-06-25_SIPL_EOT-Application-214-Days.txt p.1
- Clause refs
- 8.4, 10.3.1
- Amounts (INR)
- n/a
Risks
- The notice is 20 days late under a time-bar clause, and 5 days late under Clause 19.9 for any cost claim.
- The delay sat with the Railway administration, so the Authority may argue it was not an Authority default at all.
Next steps
- Check whether any earlier email, meeting minute or site record from August 2023 put the Authority on notice of this delay.
- Take advice on whether the time bar can be challenged, for example on waiver or on the Authority's own knowledge of the delay.
C03
Change of scope CoS-01, additional service road km 30 to 32.1 (Event C)
weak
4 supporting events
- Head type
- change of scope
- Narrative
- The Authority instructed an additional service road under Change of Scope CoS-01 on 15 November 2023. Clause 13.2 required the Contractor's proposal with cost and time effect within 14 days, by 29 November 2023. No proposal, no Clause 10.3.1 notice (due 30 November 2023) and no Clause 19.9 notice (due 15 December 2023) is on file. The 20 January 2024 progress report mentions the work but does not claim time or money. The later assertion in the 25 June 2024 application that notice was given is not supported by any document in the set.
- Supporting events
-
- 2023-11-15 | Authority issues Change of Scope Instruction CoS-01 for a 2.100 km service road and asks for a cost and time proposal within 14 days. | correspondence/2023-11-15_VSHDC_Change-of-Scope-Service-Road.txt p.1
- 2023-11-15 | Register row 6: additional service road under CoS-01 from 15 November 2023, still open. | correspondence/hindrance_register.csv p.1
- 2023-12-02 | Contractor reports that earthwork on the CoS-01 service road started on 2 December 2023 and 0.6 km of formation was done by 31 December 2023. The letter makes no claim for cost or time. | correspondence/2024-01-20_SIPL_Monthly-Progress-Report-Dec-2023.txt p.1
- 2024-06-25 | Contractor asserts that notice of the CoS-01 service road (Event C, 58 days) was given in Monthly Progress Report No. 9 dated 20 January 2024. That letter only reports progress and contains no notice, proposal or claim. | correspondence/2024-06-25_SIPL_EOT-Application-214-Days.txt p.1
- Clause refs
- 13.2, 10.3.1, 19.9
- Amounts (INR)
- n/a
Risks
- Under Clause 13.2 the instruction may be deemed accepted without additional cost.
- Clause 19.9 states a claim not notified in time is deemed waived.
- The 58 days claimed has no notice behind it.
Next steps
- Ask the client for any CoS proposal or cost estimate sent in November or December 2023 that is not in this set.
- If none exists, drop Event C from the extension claim to protect the credibility of Event A.
C04
Interest on late payment of RA Bill No. 6
strong
4 supporting events
- Head type
- delayed payment interest
- Narrative
- RA Bill No. 6 was certified on 25 January 2024 for Rs 18,42,35,000, so payment fell due on 24 February 2024 under Clause 19.6. The Authority paid on 25 March 2024, 30 days late. The Contractor claimed interest on 2 April 2024, eight days after payment.
- Supporting events
-
- 2024-01-10 | Contractor submits RA Bill No. 6 for Rs 19.47 crore, including Rs 44.7 lakh price adjustment. | correspondence/2024-01-10_SIPL_RA-Bill-No-6-Submission.eml p.1
- 2024-01-25 | Engineer certifies Rs 18.42 crore against RA Bill No. 6; payment falls due within 30 days under Clause 19.6. | correspondence/2024-01-25_MCE_RA-Bill-No-6-Certificate.txt p.1
- 2024-03-25 | Authority pays Rs 18.42 crore against RA Bill No. 6, about 30 days after the due date, and regrets the delay. | correspondence/2024-03-25_VSHDC-Finance_RA-Bill-No-6-Payment-Advice.eml p.1
- 2024-04-02 | Contractor gives notice of its claim for interest at SBI MCLR plus 3% for the 30-day payment delay on RA Bill No. 6. | correspondence/2024-04-02_SIPL_Interest-Claim-Clause-19.6.txt p.1
- Clause refs
- 19.6, 19.9
- Amounts (INR)
- ₹18,42,35,000
Risks
- If the Authority applies Clause 19.9 and counts 30 days from the due date of 24 February 2024, the window closed on 25 March 2024 and the claim would be 8 days late. The better view is that Clause 19.6 interest is a payment term and not a claim under 19.9, but expect the argument.
Next steps
- Compute interest at the contract rate for 30 days on Rs 18,42,35,000.
- Keep bank records showing the credit date of 25 March 2024.
C05
Prolongation and idle resources for the right of way hindrance
moderate
3 supporting events
- Head type
- prolongation costs
- Narrative
- The same 20 May 2023 notice was within 30 days of the occurrence, so it also meets the Clause 19.9 period for a claim for additional payment. That keeps a cost claim open for the period km 12 to 18 was not available, subject to proof. No figures for idle plant, manpower or overheads are in the documents reviewed.
- Supporting events
-
- 2023-05-20 | Contractor gives written notice of hindrance under Clause 8.4 and of an EOT event under Clause 10.3.1, and reserves extension of time and consequential costs. | correspondence/2023-05-20_SIPL_Hindrance-Notice-ROW-km12-18.txt p.1
- 2023-05-08 | Register row 1: ROW not handed over at km 12.000 to 15.000 from 8 May 2023 to 15 December 2023 (221 days). | correspondence/hindrance_register.csv p.1
- 2023-05-08 | Register row 2: ROW not handed over at km 15.000 to 18.000 from 8 May 2023 to 31 May 2024 (389 days). | correspondence/hindrance_register.csv p.1
- Clause refs
- 8.4, 19.9
- Amounts (INR)
- n/a
Risks
- No quantum or contemporaneous cost records are in the set.
- The particulars gap noted for Event A applies here too.
Next steps
- Collect daily plant and labour returns and site overhead accounts for May 2023 to May 2024 for the km 12 to 18 stretch.
C06
Force majeure, Ken river flood at km 8.2
strong
3 supporting events
- Head type
- extension of time
- Narrative
- The temporary diversion at km 8.200 was washed away by the Ken river flood on 20 July 2024 and restored on 14 August 2024, 25 days in the hindrance register. The Contractor gave force majeure notice on 24 July 2024, within the 7 days required by Clause 21.3.
- Supporting events
-
- 2024-07-20 | Unprecedented Ken river flood washes away about 310 m of the temporary diversion and the box culvert at km 8.200. | correspondence/2024-07-24_SIPL_Force-Majeure-Notice-Ken-River-Flood.eml p.1
- 2024-07-20 | Register row 5: diversion at km 8.200 washed away by flood, 20 July to 14 August 2024 (25 days). | correspondence/hindrance_register.csv p.1
- 2024-07-24 | Contractor gives notice of a Force Majeure event under Clause 21.3 and describes mitigation steps. | correspondence/2024-07-24_SIPL_Force-Majeure-Notice-Ken-River-Flood.eml p.1
- Clause refs
- 21.3
- Amounts (INR)
- n/a
Risks
- Force majeure usually gives time, not money. Check what Clause 21 allows for costs.
- Any extension depends on the diversion being on the critical path.
Next steps
- Collect rainfall or flood records from the district administration or CWC for 20 July 2024.
- Keep the restoration records and photos for the diversion.
C07
Defence to delay damages warned under Clause 10.3.2
moderate
2 supporting events
- Head type
- ld refund
- Narrative
- On 15 June 2024 the Authority warned of delay damages at Rs 24,30,000 a day, capped at Rs 48,60,00,000. Any damages can only run from the Scheduled Completion Date as properly extended. On the documents, a defensible extension rests mainly on Event A and the flood, not the full 214 days claimed.
- Supporting events
-
- 2024-06-15 | Authority warns of delay damages of Rs 24.3 lakh a day (capped at Rs 48.6 crore), asks for a recovery programme in 15 days, and asks the Contractor to cite the notices it relies on for any excusable delay. | correspondence/2024-06-15_VSHDC_Warning-Delay-Damages-10.3.2.txt p.1
- 2024-06-25 | Contractor applies for 214 days extension of time (to 31 October 2025) for Events A, B and C, with a time impact analysis, and disputes delay damages. | correspondence/2024-06-25_SIPL_EOT-Application-214-Days.txt p.1
- Clause refs
- 10.3.2, 10.3.1
- Amounts (INR)
- ₹24,30,000
Risks
- Overclaiming Events B and C may weaken the credibility of the whole extension application.
Next steps
- Reply to the warning reserving rights and pointing to the pending extension application.
- Revise the application to lead with Event A and the flood.
C08
HT line shifting at km 26.3, not notified
weak
2 supporting events
- Head type
- other
- Narrative
- The hindrance register shows the HT overhead line at km 26.300 awaiting shifting from 10 September 2023 to 28 February 2024, 171 days, and the minutes of 20 February 2024 record it as still in progress. No notice under Clause 8.4, 10.3.1 or 19.9 is in the set. On these documents it should not be treated as a notified event.
- Supporting events
-
- 2023-09-10 | Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). | correspondence/hindrance_register.csv p.1
- 2024-02-20 | Shifting of the HT overhead line at km 26.300 is recorded as still in progress, expected to finish by 28 February 2024. | correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt p.1
- Clause refs
- 8.4, 10.3.1, 19.9
- Amounts (INR)
- n/a
Risks
- No notice on file under any time-bar clause.
Next steps
- Ask the client whether any letter on the HT line was sent between September and October 2023.
4. Contract
Contract snapshot
- Parties
- Vindhya State Highways Development Corporation (VSHDC), Shivalik Infracon Pvt Ltd
- Contract date
- 2023-02-15
- Appointed date
- 2023-04-01
- Scheduled completion
- 2025-03-31
- Contract price
- ₹4,86,00,00,000
Notice requirements 5
| Clause | Title | Applies to | Trigger | Period | Notice to | Form requirements | Consequence of failure | Time-bar |
|---|---|---|---|---|---|---|---|---|
8.4
Clause textthe Contractor shall notify the Authority's Engineer of any hindrance in writing within 15 (fifteen) days of its occurrence. contract/EPC_Agreement_Excerpt.txt p.1 |
Notice of hindrance | site access hindrance, drawings decisions delay, utility shifting, suspension, employer default other | occurrence of any hindrance by act, omission or default of the Authority or its Engineer, or any other hindrance not attributable to the Contractor | 15 days | Authority's Engineer | In writing, describing the hindrance, its location and the date of its occurrence | Not stated in the clause | No |
10.3.1
Clause textIf the Contractor fails to give such notice within the said period, the Contractor shall not be entitled to any extension of time and the Authority shall be discharged from all liability in connection with such event. contract/EPC_Agreement_Excerpt.txt p.1 |
Notice of event entitling extension of time | extension of time, site access hindrance, drawings decisions delay, utility shifting, change of scope, suspension, force majeure, employer default other | occurrence of any event entitling the Contractor to extension of time | 15 days Particulars within 30 days |
Authority's Engineer | Notice, followed by full particulars within 30 days | No entitlement to extension of time, and the Authority is discharged from all liability in connection with the event | Yes |
13.2
Clause textIf the Contractor fails to submit such proposal within the said period, it shall be deemed to have accepted the instruction without additional cost. contract/EPC_Agreement_Excerpt.txt p.1 |
Proposal on Change of Scope instruction | change of scope | receipt of a Change of Scope instruction | 14 days | Authority's Engineer | Proposal stating the cost and time impact of the change | Contractor is deemed to have accepted the instruction without additional cost | Yes |
19.9
Clause textAny claim for additional payment not notified within the said period shall be deemed waived. contract/EPC_Agreement_Excerpt.txt p.1 |
Notice of claim for additional payment | change of scope, payment delay, price variation, site access hindrance, drawings decisions delay, utility shifting, suspension, employer default other | becoming aware of the event giving rise to the claim | 30 days | Authority's Engineer | Notice stating the event, the basis of entitlement and, so far as known, the estimated amount | Claim deemed waived | Yes |
21.3
Clause textA Party affected by a Force Majeure event shall notify the other Party and the Authority's Engineer in writing within 7 (seven) days of the occurrence of such event contract/EPC_Agreement_Excerpt.txt p.1 |
Notice of Force Majeure | force majeure | occurrence of a Force Majeure event | 7 days | Other Party and the Authority's Engineer | In writing, with particulars of the event and its effect on the Works | Not stated; relief is conditional on mitigation | No |
5. Chronology
Events in the order recorded, with verbatim quotations from the source documents.
Showing 32 of 32 events
| Date | Category | Action | Actor | Summary | Quote | Source document | Page | Doc reference |
|---|---|---|---|---|---|---|---|---|
| 2023-05-01 | site access hindrance | other | engineer | The Engineer records that the stretch km 12.000 to 18.000 was due for handover on 1 May 2023 under Clause 8.2. |
As per the handover schedule annexed to the Agreement, this stretch was due for handover on 1 May 2023 under Clause 8.2.
|
correspondence/2023-05-10_MCE_ROW-Site-Inspection-km12-18.txt | 1 | MCE/RD/2023/022 |
| 2023-05-08 | site access hindrance | occurrence | contractor | Contractor states its team was prevented from entering km 12.000 because of encroachments and standing structures. |
On 8 May 2023, our mobilisation team was prevented from entering km 12.000 for setting out and site establishment
|
correspondence/2023-05-20_SIPL_Hindrance-Notice-ROW-km12-18.txt | 1 | SIPL/RD/2023/014 |
| 2023-05-08 | site access hindrance | occurrence | unknown | Register row 1: ROW not handed over at km 12.000 to 15.000 from 8 May 2023 to 15 December 2023 (221 days). |
1,12.000-15.000,ROW not handed over - encroachments and standing structures (Clause 8.2),2023-05-08,2023-12-15,221
|
correspondence/hindrance_register.csv | 1 | n/a |
| 2023-05-08 | site access hindrance | occurrence | unknown | Register row 2: ROW not handed over at km 15.000 to 18.000 from 8 May 2023 to 31 May 2024 (389 days). |
2,15.000-18.000,ROW not handed over - encroachments and standing structures (Clause 8.2),2023-05-08,2024-05-31,389
|
correspondence/hindrance_register.csv | 1 | n/a |
| 2023-05-09 | site access hindrance | occurrence | engineer | Joint inspection records that the right of way for km 12.000 to 18.000 has not been handed over, with walls, sheds, a tube well and an 11 kV line inside the carriageway limits. |
The inspection recorded that the right of way in this stretch has not been handed over.
|
correspondence/2023-05-10_MCE_ROW-Site-Inspection-km12-18.txt | 1 | MCE/RD/2023/022 |
| 2023-05-20 | site access hindrance | notice of claim | contractor | Contractor gives written notice of hindrance under Clause 8.4 and of an EOT event under Clause 10.3.1, and reserves extension of time and consequential costs. |
Please treat this letter as the Contractor's written notice of hindrance under Clause 8.4, and as notice of an event entitling it to extension of time under Clause 10.3.1.
|
correspondence/2023-05-20_SIPL_Hindrance-Notice-ROW-km12-18.txt | 1 | SIPL/RD/2023/014 |
| 2023-07-10 | drawings decisions delay | other | contractor | Contractor submitted the GAD drawings for the ROB at km 22.400. |
submitted by the Contractor on 10 July 2023, are under review by the concerned Railway administration.
|
correspondence/2023-08-01_MCE_ROB-GAD-Drawing-Status-km22.4.txt | 1 | MCE/RD/2023/041 |
| 2023-08-01 | drawings decisions delay | occurrence | unknown | Register row 3: ROB GAD approval pending from 1 August 2023 to 30 January 2024 (182 days). |
3,22.400,ROB GAD drawings pending Railway administration approval,2023-08-01,2024-01-30,182
|
correspondence/hindrance_register.csv | 1 | n/a |
| 2023-08-01 | drawings decisions delay | occurrence | engineer | Railway administration returned the ROB drawings with observations; approval is awaited and ROB foundation and approach works cannot start. |
Until approval is received, foundation and approach works for the ROB cannot be taken up.
|
correspondence/2023-08-01_MCE_ROB-GAD-Drawing-Status-km22.4.txt | 1 | MCE/RD/2023/041 |
| 2023-09-05 | drawings decisions delay | notice of claim | contractor | Contractor notifies the ROB drawing delay and its entitlement to extension of time under Clauses 8.4 and 10.3.1; particulars to follow. |
The Contractor hereby notifies the delay and its entitlement to extension of time in respect of this event under Clauses 8.4 and 10.3.1 of the Agreement.
|
correspondence/2023-09-05_SIPL_Delay-Notice-ROB-Drawings-EOT.txt | 1 | SIPL/RD/2023/026 |
| 2023-09-10 | utility shifting | occurrence | unknown | Register row 4: HT overhead line at km 26.300 awaiting shifting by the utility owner from 10 September 2023 to 28 February 2024 (171 days). |
4,26.300,HT overhead line shifting by utility owner,2023-09-10,2024-02-28,171
|
correspondence/hindrance_register.csv | 1 | n/a |
| 2023-10-09 | quality safety | instruction | engineer | Three of twelve field density tests on embankment layer 4 failed; Engineer asks for re-compaction and re-testing within 7 days. |
The Contractor is requested to re-compact the affected area and carry out re-testing, with the results to be submitted within 7 days.
|
correspondence/2023-10-12_MCE_Quality-Observation-Embankment-km3.txt | 1 | MCE/RD/2023/058 |
| 2023-11-15 | change of scope | occurrence | unknown | Register row 6: additional service road under CoS-01 from 15 November 2023, still open. |
6,30.000-32.100,Additional service road under Change of Scope CoS-01,2023-11-15,Open,Ongoing
|
correspondence/hindrance_register.csv | 1 | n/a |
| 2023-11-15 | change of scope | instruction | employer | Authority issues Change of Scope Instruction CoS-01 for a 2.100 km service road and asks for a cost and time proposal within 14 days. |
The Contractor is instructed to construct a service road of 2.100 km on the left hand side of the Project Highway from km 30.000 to km 32.100
|
correspondence/2023-11-15_VSHDC_Change-of-Scope-Service-Road.txt | 1 | VSHDC/RD/2023/031 |
| 2023-12-02 | change of scope | occurrence | contractor | Contractor reports that earthwork on the CoS-01 service road started on 2 December 2023 and 0.6 km of formation was done by 31 December 2023. The letter makes no claim for cost or time. |
Service road at km 30.000 to km 32.100: earthwork commenced on 2 December 2023, and 0.6 km of formation has been completed as on 31 December 2023.
|
correspondence/2024-01-20_SIPL_Monthly-Progress-Report-Dec-2023.txt | 1 | SIPL/RD/2024/002 |
| 2023-12-15 | site access hindrance | other | engineer | Right of way for km 12.000 to 15.000 was handed over on 15 December 2023. |
km 12.000 to km 15.000: handed over on 15 December 2023.
|
correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt | 1 | MCE/RD/2024/011 |
| 2024-01-10 | other | request | contractor | Contractor submits RA Bill No. 6 for Rs 19.47 crore, including Rs 44.7 lakh price adjustment. |
The amount claimed is Rs. 19,46,80,000 (Rupees Nineteen Crore Forty-Six Lakh Eighty Thousand only)
|
correspondence/2024-01-10_SIPL_RA-Bill-No-6-Submission.eml | 1 | SIPL/RD/2024/001 |
| 2024-01-25 | other | approval | engineer | Engineer certifies Rs 18.42 crore against RA Bill No. 6; payment falls due within 30 days under Clause 19.6. |
Amount certified for payment: Rs. 18,42,35,000
|
correspondence/2024-01-25_MCE_RA-Bill-No-6-Certificate.txt | 1 | MCE/RD/2024/004 |
| 2024-01-30 | drawings decisions delay | other | engineer | Railway administration approved the ROB GAD drawings on 30 January 2024. |
GAD drawings were approved by the Railway administration on 30 January 2024.
|
correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt | 1 | MCE/RD/2024/011 |
| 2024-01-31 | general progress | meeting record | engineer | Cumulative progress recorded at 41% against 63% planned; Contractor asked for a recovery programme. |
Cumulative physical progress as on 31 January 2024 is 41% against the planned progress of 63% under the baseline programme.
|
correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt | 1 | MCE/RD/2024/011 |
| 2024-02-20 | site access hindrance | meeting record | employer | Right of way for km 15.000 to 18.000 is still not handed over; the Project Director agreed to clear it by 31 March 2024. |
km 15.000 to km 18.000: not yet handed over.
|
correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt | 1 | MCE/RD/2024/011 |
| 2024-02-20 | site access hindrance | other | contractor | Contractor's representative asserts that the right of way delay was notified under SIPL/RD/2023/014 dated 20 May 2023 and reserves time and cost. |
The Contractor's representative stated that the effect of the right of way delay on the Works was notified under ref. SIPL/RD/2023/014 dated 20 May 2023
|
correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt | 1 | MCE/RD/2024/011 |
| 2024-02-20 | utility shifting | meeting record | engineer | Shifting of the HT overhead line at km 26.300 is recorded as still in progress, expected to finish by 28 February 2024. |
Shifting of the HT overhead line at km 26.300 is in progress, with completion expected by 28 February 2024.
|
correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt | 1 | MCE/RD/2024/011 |
| 2024-03-08 | other | request | contractor | Contractor submits a traffic management plan for the km 19.500 crossing and asks for approval within 10 days. |
We request your approval within 10 days so that Stage 1 can commence in April 2024.
|
correspondence/2024-03-08_SIPL_Traffic-Management-Plan-Submission.txt | 1 | SIPL/RD/2024/006 |
| 2024-03-25 | payment delay | payment | employer | Authority pays Rs 18.42 crore against RA Bill No. 6, about 30 days after the due date, and regrets the delay. |
The delay in processing is regretted.
|
correspondence/2024-03-25_VSHDC-Finance_RA-Bill-No-6-Payment-Advice.eml | 1 | VSHDC/FIN/2024/112 |
| 2024-04-02 | payment delay | notice of claim | contractor | Contractor gives notice of its claim for interest at SBI MCLR plus 3% for the 30-day payment delay on RA Bill No. 6. |
The Contractor hereby gives notice of its claim for interest for the period of delay, at the rate of SBI MCLR plus 3% per annum, as provided under Clause 19.6 of the Agreement.
|
correspondence/2024-04-02_SIPL_Interest-Claim-Clause-19.6.txt | 1 | SIPL/RD/2024/009 |
| 2024-06-15 | liquidated damages | instruction | employer | Authority warns of delay damages of Rs 24.3 lakh a day (capped at Rs 48.6 crore), asks for a recovery programme in 15 days, and asks the Contractor to cite the notices it relies on for any excusable delay. |
If the Contractor contends that any part of the delay is excusable, it is to state the grounds together with the relevant notices given under the Agreement.
|
correspondence/2024-06-15_VSHDC_Warning-Delay-Damages-10.3.2.txt | 1 | VSHDC/RD/2024/024 |
| 2024-06-25 | extension of time | request | contractor | Contractor applies for 214 days extension of time (to 31 October 2025) for Events A, B and C, with a time impact analysis, and disputes delay damages. |
The Contractor applies for an extension of time of 214 days to the Scheduled Completion Date, that is from 31 March 2025 to 31 October 2025
|
correspondence/2024-06-25_SIPL_EOT-Application-214-Days.txt | 1 | SIPL/RD/2024/014 |
| 2024-06-25 | change of scope | other | contractor | Contractor asserts that notice of the CoS-01 service road (Event C, 58 days) was given in Monthly Progress Report No. 9 dated 20 January 2024. That letter only reports progress and contains no notice, proposal or claim. |
notice given in our Monthly Progress Report No. 9 dated 20 January 2024, ref. SIPL/RD/2024/002
|
correspondence/2024-06-25_SIPL_EOT-Application-214-Days.txt | 1 | SIPL/RD/2024/014 |
| 2024-07-20 | force majeure | occurrence | other | Unprecedented Ken river flood washes away about 310 m of the temporary diversion and the box culvert at km 8.200. |
The flood washed away the temporary traffic diversion at km 8.200, including about 310 m of the diversion embankment and the box culvert at the crossing.
|
correspondence/2024-07-24_SIPL_Force-Majeure-Notice-Ken-River-Flood.eml | 1 | SIPL/RD/2024/021 |
| 2024-07-20 | force majeure | occurrence | unknown | Register row 5: diversion at km 8.200 washed away by flood, 20 July to 14 August 2024 (25 days). |
5,8.200,Temporary diversion washed away by flood,2024-07-20,2024-08-14,25
|
correspondence/hindrance_register.csv | 1 | n/a |
| 2024-07-24 | force majeure | notice of claim | contractor | Contractor gives notice of a Force Majeure event under Clause 21.3 and describes mitigation steps. |
The Contractor treats this as a Force Majeure event under Clause 21.3 of the Agreement and gives this notice within 7 (seven) days of its occurrence.
|
correspondence/2024-07-24_SIPL_Force-Majeure-Notice-Ken-River-Flood.eml | 1 | SIPL/RD/2024/021 |
| No events match these filters. | ||||||||
6. Document index
| Path | Kind | SHA-256 | Contract | OCR needed | Pages | Error |
|---|---|---|---|---|---|---|
| correspondence/2024-03-08_SIPL_Traffic-Management-Plan-Submission.txt | text | 07da3724c46edf6a… | No | No | 1 | n/a |
| correspondence/2024-05-06_MCE_Acknowledgement-Monthly-Report-Mar-2024.txt | text | 138a93b5cbb41849… | No | No | 1 | n/a |
| correspondence/2024-06-25_SIPL_EOT-Application-214-Days.txt | text | 373ba2dcfc8f0bf7… | No | No | 1 | n/a |
| correspondence/2023-10-12_MCE_Quality-Observation-Embankment-km3.txt | text | 3e5477f379295a1c… | No | No | 1 | n/a |
| correspondence/2023-09-05_SIPL_Delay-Notice-ROB-Drawings-EOT.txt | text | 3f07f46515288321… | No | No | 1 | n/a |
| correspondence/2023-05-20_SIPL_Hindrance-Notice-ROW-km12-18.txt | text | 41b62fc932a1f084… | No | No | 1 | n/a |
| correspondence/2024-01-25_MCE_RA-Bill-No-6-Certificate.txt | text | 786ef675e141299d… | No | No | 1 | n/a |
| correspondence/2024-07-24_SIPL_Force-Majeure-Notice-Ken-River-Flood.eml | 8d0d014ff45a8285… | No | No | 1 | n/a | |
| contract/EPC_Agreement_Excerpt.txt | text | 983f3add3ed3c3c7… | Yes | No | 1 | n/a |
| correspondence/2024-06-15_VSHDC_Warning-Delay-Damages-10.3.2.txt | text | ae391741fba945c8… | No | No | 1 | n/a |
| correspondence/2024-03-25_VSHDC-Finance_RA-Bill-No-6-Payment-Advice.eml | af83bdd4e49382d2… | No | No | 1 | n/a | |
| correspondence/2024-01-10_SIPL_RA-Bill-No-6-Submission.eml | bd86e1d61122cd40… | No | No | 1 | n/a | |
| correspondence/hindrance_register.csv | text | c19e32f9e95c9e7d… | No | No | 1 | n/a |
| correspondence/2023-06-30_SIPL_Monthly-Progress-Report-June-2023-Cover.txt | text | c2a9f98790d6437c… | No | No | 1 | n/a |
| correspondence/2024-04-02_SIPL_Interest-Claim-Clause-19.6.txt | text | c61a9bd6101e8f69… | No | No | 1 | n/a |
| correspondence/2023-11-15_VSHDC_Change-of-Scope-Service-Road.txt | text | d36e12f043d10d47… | No | No | 1 | n/a |
| correspondence/2024-01-20_SIPL_Monthly-Progress-Report-Dec-2023.txt | text | e711c089a8375240… | No | No | 1 | n/a |
| correspondence/2023-05-10_MCE_ROW-Site-Inspection-km12-18.txt | text | e80b59b02f673650… | No | No | 1 | n/a |
| correspondence/2023-08-01_MCE_ROB-GAD-Drawing-Status-km22.4.txt | text | f7a64c53d4ccc9d4… | No | No | 1 | n/a |
| correspondence/2024-02-20_MoM_Progress_Review_Meeting_14.txt | text | fe26ac819bd83da0… | No | No | 1 | n/a |