108.7 Contract Time for Completion of the Work

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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.
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