CLAIMS FOR TIME EXTENSION AND ADDITIONAL COSTS FOR CIVIL ENGINEERING PROJECTS IN KENYA: +254724620750

Civil Engineering projects undertaken by Contractors in Kenya normally have timelines within which they are to be executed to completion. However, delays can occur due to not foreseeable physical obstruction or conditions before and or during execution of the works. If the contractor during the execution of the works encounters physical obstructions or conditions which was, in his opinion, not foreseeable the contractor shall give notice to the Engineer. On receipt of such notice, the Engineer shall, after due consultation with the Employer and the Contractor, determine any extension of time to which the Contractor is entitled under the respective clause of the General conditions of Contract, and the amount of any costs which may have been incurred by the Contractor by reason of such obstructions or conditions having been encountered, which shall be added to the Contract Price.

• Civil Engineer’s Role

A Civil Engineer in Kenya (Contractor’s Representative) is always tasked with the contractual obligation of notification and reporting procedures of a contract on behalf of the contractor. In the case of a delay in completion of a project, the contractor is entitled to an extension of time in order to complete the project and is required as per the contract to provide adequate reasons for delay in the execution and completion of the project. A Civil engineer is required to establish an entitlement to Extension of Time under the contract on behalf of the contractor and must demonstrate that:

1.   an event (cause of delay) has occurred which is one that entitles the contractor to Extension of time under a term of the contract, and
2.    a delay to completion of the contract has occurred or will occur i.e. the delay event affects a critical path activity and delays completion of the whole works, and
3.    there is a causal link between the event and the delay, i.e. that the event that has occurred is the cause of the delay.

Engineer Tom Paul has represented many contractors based in Kenya in different locations and has prepared claim for extension of time documents when needed.

•  Heads of Claim

These refer to the events which entitle the contractor to Extension of Time under the contract in Kenya and are listed in the respective sub-clause in the General Conditions of contract. The sub-clause provides that, the Contractor may be entitled to an Extension of Time for completion of the works in the event of:-                                                                  

1. the amount or nature of extra or additional work,
2. any cause of delay referred to in these Conditions,
3. exceptionally adverse climatic conditions,
4. any delay, impediment or prevention caused by or attributable to the Employer, or
5. other special circumstances which may occur, other than through a default of or breach of contract by the Contractor or for which he is responsible.

•  Contractual Notification and Reporting Procedures

Besides demonstrating entitlement to extension of Time under the contract, the contractor is also required to comply with certain notification and reporting procedures as stipulated in the respective Sub-clause of the General Conditions of Contract. The contractor’s representative is expected to notify the Engineer in writing in the occurrence of any cause of delay and provide the necessary evidence as proof during the submission of the Claim for Extension of Time document for review by the Engineer.