Notice of Delay and Potential Claim – Late Site Handover
Subject: Notice of Delay and Potential Claim – Late Site Handover
Dear Sir/Madam,
We refer to the Contract and, in particular, to Sub-Clause 2.1 [Right of Access to the Site], under which the Employer is obligated to provide the Contractor with right of access to, and possession of, the Site within the time stated in the Contract.
The Contractor hereby notifies that such access has not been granted in accordance with the agreed timeline. As of the date of this letter, critical portions of the Site remain unavailable, thereby preventing the Contractor from commencing and progressing the Works as planned.
The Contractor has fulfilled all necessary preparatory obligations, including mobilization planning, allocation of personnel and equipment, and coordination with relevant subcontractors. Notwithstanding this readiness, the delay in Site handover has materially affected the Contractor’s ability to execute the Works.
As a direct consequence, the following impacts have arisen:
- Delay to commencement of key construction activities
- Disruption to the approved construction programme
- Idle resources and associated standby costs
- Risk of delay to subsequent milestones and completion
The Contractor has undertaken reasonable mitigation measures; however, the effects of the delay cannot be fully avoided due to circumstances beyond the Contractor’s control.
Accordingly, and pursuant to Sub-Clause 8.4 [Extension of Time for Completion] and Sub-Clause 20.1 [Contractor’s Claims], the Contractor hereby gives notice of:
- Its intention to claim an extension of time; and
- Recovery of additional costs incurred as a result of the delayed Site handover
This notice is submitted in compliance with the contractual requirements for claims notification and is without prejudice to any further rights or remedies available to the Contractor.
Detailed particulars of the delay and its effects will be submitted in due course in accordance with Sub-Clause 20.1.
We respectfully request the Employer to take all necessary actions to provide full access to the Site without further delay.
Yours faithfully,
For and on behalf of the Contractor