108.7 Contract Time for Completion of the Work

108.7.1 Extensions or Adjustments of Time

Sec 108.7 provides a basis for granting adjustments, suspensions or extensions of time when progress is adversely affected by items beyond the contractor's control. Sec. 108.7.1 covers extensions of time for calendar day or calendar date contracts and refers to weighted time tables on file in the office of the Commission. Weighted timetables (for contracts with and without time exclusions) and examples of proper use are shown in Tables 108.7.2 and 108.7.3 and EPG 108.7.4 Examples.

Such requests should be evaluated by the resident engineer and sent to the District Engineer along with a detailed study and recommendation. The district may discuss the request with Construction & Materials before rendering a decision. Requests from the contractor for major adjustments, suspensions, or extensions of time require thorough study by the resident engineer. In many cases the basis for the request is not subject to a clear-cut policy decision.

It is necessary that these procedures be followed to ensure uniform administration of the liquidated damage provisions of our contracts.

When it is not possible to grant the contractor's request, a thorough report should be sent to Construction & Materials to recover liquidated damages.

108.7.1.1 Assessment of Liquidated Damages and Exceptions

Guidance for Assessment of Liquidated Damages

Contract time for project completion should be administered in accordance with Sec 108.7 as well as all applicable job special provisions. At a minimum, all contracts should have a JSP for Contract Liquidated Damages that identifies the time limits along with penalties for both Road User Costs and Contract Administrative Costs. A guide for assessment of liquidated damages is available.

Contract time for specific milestone events, such as a road closure, should be administered as specified in the contract Liquidated Damages Specified JSP for that event. Sec 108.7 does not apply to specific milestone events, therefore, liquidated damages are generally charged 7 days/week with no waivers for weekends and holidays. Refer to the terms in the contract Liquidated Damages Specified JSP and administer accordingly.

Measurement of contract time for project completion ends when the contractor completes all work, including all corrections listed on the Semi-Final Inspection Form (C-236). The RE sometimes lists “exceptions” on the form. Exceptions are tasks or acceptance periods that are contractually allowed to occur after the contract completion date without penalty. For a list of common exceptions, refer to EPG 105.15.1.2 Exceptions. Some exceptions may require a date range attached to the task. For example, removal of the Point of Presence signs should be done approximately 90 days after the semi-final inspection, so the RE should specify a two-week period for the POP sign removal, approximately 90 days out. As that date approaches, the RE should remind the contractor of the looming deadline to remove the signs to avoid having the count of time reinstated and damages assessed.

More details are available in the following Quick Reference Guides: Milestones and Contract Times.

108.7.1.2 Consideration of Time Extensions or Suspensions

Contractors are presumed to have made provisions in their bids for any anticipated delays in procurement of materials. Contract time extensions or suspension of working days should not be based on unsupported claims of delays in delivery of materials. Consideration may be given to delays caused by unusual market conditions such as an industry-wide strike, natural disaster, or area-wide shortage that arises after award of the contract and prevents procurement of materials within the allowable time for contract completion. It will be necessary to evaluate any claim for time extension based on material shortages to determine if the delays were, in fact, beyond the control of the contractor or the fabricator.

108.7.1.3 Progress Schedules

Per Sec 108.4, the contractor is required to provide the Resident Engineer with an initial Progress Schedule prior to or at the pre-construction meeting. The request for the initial schedule is included in the Pre Con Letter-Federal and Pre Con Letter-State. Contracts are generally set up as Completion Day or Completion Date projects; however, there may be some rare instances where a contract will be set up as a Working Day project. Regardless of the method of contract time, the progress schedule shall include an activities bar chart showing the major items of work throughout the life of the project. The initial Progress Schedule is very critical in establishing the basis for the planned work and should account for all limitations that are known at that point in time. It should be thoroughly reviewed for compliance with Sec 108.4, should demonstrate continuous prosecution of the work, achievement of any required milestones and indicate overall project completion within the allotted time. Acceptance of the initial Progress Schedule, and all subsequent progress schedules, will be made by the Resident Engineer.

Once the initial schedule is accepted, if the work plan changes or the contractor falls significantly behind schedule, the Resident Engineer should require a revised schedule be submitted in accordance with Sec 108.4.2.1 and Sec 108.4.4. The revised schedule should clearly show a plan to ensure project completion within the allowable time. Likewise, should an excusable delay occur, the RE should issue the appropriate time adjustment change order and require a revised schedule.

If progress towards completion within the allowable time is in jeopardy, and the cause is due to inexcusable failures by the contractor (see common failures below), a letter should be submitted to the contractor, with a copy to the surety, informing them of the possibility of being declared in default of the contract if the contractor does not proceed with a remedy within ten days of the notice. The State Construction and Materials Engineer should be informed of this notice. If after ten days the contractor has not adequately proceeded with a remedy, the State Construction and Materials Engineer will work with the district and the Chief Counsel’s office to determine the next course of action, which may include declaring the contractor to be in default.

Common contractor failures that could affect schedule and lead to Default of Contract:

1. Failure to mobilize and begin work on time.

2. Failure to provide sufficient resources (workers and/or equipment) to maintain sufficient progress.

3. Unacceptable work that requires extensive time to repair or replace.

4. Contractor delay caused by a refusal to remedy work deemed unacceptable.

5. Contractor vacates project or discontinues work on the major operation.

6. Contractor fails to return to the project in a reasonable time following a stoppage of work.

7. A stoppage of work is issued for non-compliance with a contract requirement.

8. A federal and or state legal action taken against the contractor.

Two-Week Schedule

In addition to maintaining a current project Progress Schedule, each week the contractor is required to provide the Resident Engineer with a dynamic two-week look-ahead schedule. This two-week schedule is the basis (i.e. agenda) for discussion at the weekly progress meetings. It provides current details that are important in planning and scheduling resources over the following days, including upcoming traffic control changes and inspection resources. This schedule is very important for coordination efforts. It can be in any format acceptable to the RE, but should not be waived except during planned pauses or low activity levels in the work and the RE agrees it is not necessary.

108.7.2 Table for Contracts with No Time Exclusion

Table 108.7.2 Weighted Time Table for Contracts with No Time Exclusion (to be used with EPG 108.7.4)

Day	January	February	March	April	May	June	July	August	September	October	November	December
1	0	32	88	154	244	356	487	614	738	834	919	978
2	1	34	90	157	247	360	492	618	742	837	921	979
3	2	36	92	160	250	364	497	622	746	840	923	980
4	3	38	94	163	253	368	497	626	750	843	925	981
5	4	40	96	166	256	372	502	630	754	846	927	982
6	5	42	98	169	259	376	507	634	758	849	929	983
7	6	44	100	172	262	380	512	638	762	852	931	984
8	7	46	102	175	265	384	517	642	765	855	933	985
9	8	48	104	178	268	388	522	646	768	858	935	986
10	9	50	106	181	271	392	526	650	771	861	937	987
11	10	52	108	184	274	396	530	654	774	864	939	988
12	11	54	110	187	277	400	534	658	777	867	941	989
13	12	56	112	190	280	404	538	662	780	870	943	990
14	13	58	114	193	284	408	542	666	783	873	945	991
15	14	60	116	196	288	412	546	670	786	876	947	992
16	15	62	118	199	292	416	550	674	789	879	949	993
17	16	64	120	202	296	420	554	678	792	882	951	994
18	17	66	122	205	300	424	558	682	795	885	953	995
19	18	68	124	208	304	428	562	686	798	888	955	996
20	19	70	126	211	308	432	566	690	801	891	957	997
21	20	72	128	214	312	437	570	694	804	894	959	998
22	21	74	130	217	316	442	574	698	807	897	961	999
23	22	76	132	220	320	447	578	702	810	900	963	1000
24	23	78	134	223	324	452	582	706	813	903	965	1000
25	24	80	136	226	328	457	586	710	816	905	967	1000
26	25	82	138	229	332	462	590	714	819	907	969	1000
27	26	84	140	232	336	467	594	718	822	909	971	1000
28	27	86	142	235	340	472	598	722	825	911	973	1000
29	28	86	145	238	344	477	602	726	828	913	975	1000
30	29		148	241	348	482	606	730	831	915	977	1000
31	30		151		352		610	734		917		1000

108.7.3 Table for Contracts with Time Exclusion

Table 108.7.3 Weighted Time Table for Contracts with Time Exclusion, as of 5/10/2006 (to be used with EPG 108.7.4)

Day	March	April	May	June	July	August	September	October	November	December
1		24	102	198	316	457	610	758	887	971
2		26	105	202	321	462	615	763	890	974
3		28	108	205	325	466	620	767	893	977
4		30	111	209	330	471	625	771	895	980
5		32	114	213	334	476	630	776	898	983
6		34	117	217	339	480	635	780	901	985
7		36	120	221	343	485	640	784	904	987
8		38	123	225	348	490	645	789	906	989
9		40	126	229	352	495	650	793	909	991
10		42	129	233	357	500	655	797	912	993
11		44	132	236	361	505	660	802	915	995
12		46	135	240	366	510	665	806	917	997
13		49	138	244	370	515	670	810	920	999
14		52	141	248	375	520	675	815	923	1000
15	0	54	144	252	379	525	680	819	926
16	1	57	147	256	384	530	685	823	928
17	2	60	150	260	388	535	690	827	931
18	3	63	153	264	393	540	695	832	934
19	4	66	156	268	397	545	700	836	937
20	5	69	159	272	402	550	705	840	940
21	6	72	162	276	406	555	710	844	942
22	7	75	165	280	411	560	715	848	945
23	8	78	168	284	415	565	720	852	948
24	9	81	171	288	420	570	724	856	951
25	10	84	174	292	424	575	729	860	954
26	12	87	177	296	429	580	734	864	957
27	14	90	180	300	433	585	739	868	960
28	16	93	183	304	438	590	744	872	963
29	18	96	186	308	442	595	749	876	966
30	20	99	190	312	447	600	753	880	968
31	22		194		452	605		884
Monthly	22	77	95	118	140	153	148	131	84	32
Cumulative	22	99	194	312	452	605	753	884	968	1000

108.7.4 Examples

Five examples are provided, below.

Example 1

Assume the following: Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. No time will be charged December 15 to March 15.

From weighted time table:
Completion date Sept. 1	610 Units
Notice to Proceed May 5	-114 Units
Total Contract Units for Project	496 Units
496 * 2.6% = 12.9 (Adjustment for Overrun), so use 13 Units
Contract Completion Sept. 1	610 Units
Added time due to overrun	+ 13 Units
Revised completion date units	623 Units
So, from table the revised completion date is September 4.

Example 2

Assume the following: Contract completion date – December 1. Project was delayed from July 10 through August 5. No time will be charged December 15 to March 15.

From weighted time table:
Completion date Dec. 1		971 Units
Units at August 5	476 Units
Units at July 10	-357 Units
Units during delay	119 Units
		+ 119 Units
Revised completion date units		1090 Units
So from table, the revised completion date is April 27.

Example 3

Assume the following: Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. Time will be charged December 15 to March 15.

From weighted time table:
Completion date Sept. 1	738 Units
Notice to Proceed May 5	-256 Units
Total Contract Units for Project	482 Units
482 * 2.6% = 13.9 (Adjustment for Overrun), so use 14 Units
Contract Completion Sept. 1	738 Units
Added time due to overrun	+ 14 Units
Revised completion date units	752 Units
So from table, the revised completion date is September 5.

Example 4

Assume the following: Contract completion date – December 1. Project was delayed from July 5 through August 5. Time will be charged December 15 to March 15.

From weighted time table:
Completion date Dec. 1		978 Units
Units at August 5	630 Units
Units at July 5	-502 Units
Units during delay	128 Units
		+ 128 Units
Revised completion date units		1106 Units
So from table, the revised completion date is March 10

Example 5

Assume the following: Project costs overrun 10%. Contract completion date – October 1. Notice to proceed date – March 5. Working days allowed = 10. Weighted time table units available for project = 60. No time will be charged December 15 to March 15.

From weighted time table:
Total Contract Units for Project	60 Units
60 * 10% = 6 (Adjustment for Overrun), so use 6 Units
Contract Completion Oct. 1	758 Units
Added time due to overrun	+ 6 Units
Revised completion date units	764 Units
So from table, the revised completion date is October 3.