3. Construction Claims - r0

CONSTRUCTION CLAIMS

CLAIMS RELATED TO CONSTRUCTION

The following types of claims are encountering in construction contracts;

1. Claims arising out of the contract 2. Ex-Gratia claims 3. Claims related to Common Law

CLAIMS ARISING OUT OF THE CONTRACT

These claims arises due to the breach of expressed and/or implied terms of the contract. Such claims may relate to any or all of the following;

Claims related to extension of Time for Completion Disruption Claims Fluctuation Claims Variation Claims Loss and Profit Claims

CLAIMS RELATED TO EXTENSION OF TIME FOR COMPLETION

Any properly drafted contract would entail two provisions ;

a definite beginning ( Commencement Date ), and;

a definite end ( Completion Date).

To enforce the completion date the Contract provides a provision to the Employer to deduct a pre-determined sum ( generally per day ) from the Contractors entitlement ( payment ) if the Contractor fails to complete the works by the Completion Date. This charge is called Liquidated Damages(LD).

However, this Liquidated Damages can only be applied for the delays where the Contractor is solely at fault.

CLAIMS RELATED TO EXTENSION OF TIME FOR COMPLETION ( Contd. )

But the completion of works may also get delayed due to employer faults as well.

In a situation where the employer cause delay to the completion of the work, then the agreed contractual completion date will no longer become valid/binding upon the Contractor; hence time becomes at large.

When time becomes at large, the Contractor will only be obliged to complete the Contract within a reasonable time and more importantly the liquidated damages clause will fall away.

If the liquidated damages falls away the Employer would not have any provision to penalize the Contractor for his subsequent defaults.

Therefore the purpose of granting extension(s) of time ( EOT ) is to allow the date or period for completion to be adjusted in circumstance where the Employer has caused a delay.

THE CONTRACTORS BENEFIT FOR SUBMITTING CLAIMS FOR EOT

To protect themselves against any potential Liquidated

Damages, To recover the costs of Site Overheads (Preliminaries )

and Head Office Charges for the period extended from the original Completion Date.

Contractual Provisions to produce an EOT claim

When claiming for EOT the Contractor has to establish the following;

a) that the Contractor is not responsible for the subject

delay, and; a) that the reasons for the delay are the ones hold the

Employer liable under the provisions of the Contract; these delays are known as excusable delays.

DELAY AND ASSESSMENT OF DELAYS Delays contributed by the Engineer/the Employer may

impact the project in two ways; Delay to the progress of works such delays are occurring

merely on a single activity ; these delays may not necessary affects the completion date of the project.

Delay to Completion Date some delay to the progress will

also result in a delay to the completion of the project.

Importantly and often most difficult task therefore is to identify which delays to progress cause a delay to the completion and determine it extent.

KEY ELEMENTS IN PREPARATION OF AN EOT CLAIM

The role of the programme The programme or more specifically base-line programme is an

essential tool for planning , managing of the control of a project. Programme generally provides the Contractors intention to go about with his task of executing works.

Following are the main objectives of a base-line programme;

a) Determine the earliest date upon which the completion can be achieved

b) What are the critical activities ( critical path ) in order to achieve the completion date on time

c) Demonstrate the interrelationship/interdependancy among activities

d) Presenting a logical sequence to the site operations. e) Identify the time constraint imposed by labour, plant and

materials.

KEY ELEMENTS IN PREPARATION OF AN EOT CLAIM (Contd.)

The role of the programme for presenting EOT claims

Base-line programme act as a yardstick when it comes to establishing the effect of a disruption on the progress of works thereupon the completion date.

How you demonstrate a delay in a programme ? Step1- use the base-line programme and update it just before the delay occurs. This will gives the reader an indication that if the subject Employers delay had not occurred the project would be finish by certain date. Step 2- then you insert/include the Employers delay as an activity and show what has happened to the completion date due to the Employers delay.

Step 3-Maintain all records (contemporary records) to substantiate the above both steps The difference of Completion Dates ; i.e. Completion Date without the Employer delay ( step 1 ) and the with Employers delay ( step 2 ) is the Contractors entitlement for EOT.

PROCEDURE TO CREATE AN EOT CLAIMS

The Conditions of the Contract ( COC ) will states the procedural requirement that the Contractor need to fulfill to submit a EOT claim.

Step 1- If the Contractor believes that any potential delay

have occurred due to the Engineer or Employers fault, he is required to promptly notify ( see the COC to know the time frame ) of his intention to claim for extension of Time for Completion and receive additional costs in that regard.

Step 2- Following the notice , the Contractor is required to provide particulars with proper substantiation by using the Programme (programme may be based on software such as Microsoft or more advance Primavera )and any other evidence to prove your case- Like a baby you will only receive milk as much as you cry.

The Engineer may determine/quantify the extent of extension of time which the Contractor is entitled to. However keep in mind that the when assessing your entitlement , the Engineer will assess delay contributed by you to the completion of the project. So while claiming for your entitlements make sure to keep your house in order always.

Claiming for additional cost associated with EOT claims

Due to the delay to the progress of works, the Contractor may incur two types of additional costs;

Extended preliminaries

Extended Head Office costs

Extension of Time claims As per the Clause 44.1 of the Conditions of Contract, the Contractor shall entitle to give notice to the Engineer if the Contractor has an intension to claim Extension of Time due to the following reasons and the Engineer shall ,after due consultation with the Employer and the Contractor, determine the amount of such extension and shall notify the Contractor accordingly, with a copy to the Employer.

a) the amount or nature of extra or additional work b) any course of delay referred to in the Conditions of Contract, i) Clause 12.2 FIDIC- Not foreseeable physical obstruction or conditions, ii) Clause 27.1 FIDIC-Fossils, iii) Clause36.5-Engineer's determination where Tests not provided for, iv) Clause 40.2-Engineer's Determination following Suspension

v) Clause 42.2-Failure to Give Possession, vi) Clause 69.4-Contractor's Entitlement to Suspend Work, c) Exceptionally adverse climatic conditions, d) Any delay, impediment or prevention by the Employer, or e) Other special circumstance which may occur, other than through a default of or breach of contract by the contractor or for which he is responsible.

The above e) is clearly indicate that whether it is contractually or not, if the contract is delayed due to any reason other than the reasons which was happened due to his faults The Contractor's Quantity Surveyor's duty is to send the required notices in time.

Note; It is very important to read the appropriate Clauses in conjunction with the appropriate Clauses in Part ii of the Conditions of Contract (Contract Data), since the terms and required dates can be amended in Part ii of the Conditions of the Contract and Particular Conditions (Conditions in Part ii of the Conditions) shall supersede the General Conditions.(Conditions in Part I)

Contractor to provide Notification and Detailed Particulars Hence the Contractor's Quantity Surveyor should give notice (refer Clause 44.2) to the Engineer with copy to the Employer informing that pursuant to Clause 44.1 of the Contract the Contractor is required extension of time due to the appropriate reasons which are purely beyond the responsibilities of the Contractor.

Since the Engineer is not bound to make any determination unless the Contractor has (a) within 28 days after such event has first arisen notified the Engineer with a copy to the Employer, and (b) within 28 days, or such other reasonable time as may be agreed by the Engineer, after such notification submitted to the engineer detailed particulars of any extension of time to which he may consider himself entitled in order that such submission may be investigated at that time.

Interim Determination of Extension Provided also that where an event has a continuing effect such that it is not practicable for the Contractor to submit detailed particulars within the period of 28 days referred to in Sub-Clause 44.2 (b),he shall nevertheless be entitled to an extension of time provided that he has submitted to the Engineer interim particulars at intervals of not more than 28 days and final particulars within 28 days of the end of the effects resulting from the event.

L E T T E R H E A D

Our ref:BD Wl/c/01/09 08-Jun-09

M/SDESIGN EXPERTS....

Attention : The Engineer

Dear Sir

Project BOUNDARY WALL AT PUDUKUDUIRAPPU

Subject DELAY EVENT NO 1-Not Foreseeable Physical Obstructionor Conditions (from Chainage + 280 to+310 in Sewer Line"A")- Notice of the Delay event No 1

In pursuant to Clause 44.2(a),we give our notice that the above delay event has occurredwithin the last 28 days which is such as fairly entitle us to an extension of time for the completion of the Works or a section or part of thereof.

Further we inform you that the above delay is occurred with related thethe Clause 44.1(b)

Thank you

Yours faithfully,

FOR .

..

(Authorised signatory)

Copies - 1) The Employer 2) The Engineer's Representative

L E T T E R H E A D

Our ref:BD Wl/c/02/09 28-Jun-09



Dear Sir


Subject DELAY EVENT NO 1-Not Foreseeable Physical Obstructionor Conditions (from Chainage + 280 to+310 in Sewer Line"A"-Interim Particulars No.1

Reference 1) SEC to DE letter BD WI/c/02/09 dated 08 June 2009

Further to our above reffered letter with regard to aforementioned subject31

In pursuant to Clause 44.2(b) and Clause 44.3 of the Conditions of Contract, we enclose -31herewith our interim particulars up to 28 June 2009 for your investigation and prompt action of granting extension of time to which ,we consider ouselves entitled .

Thank you

Yours faithfully,

FOR .

..



L E T T E R H E A D

Our ref:BD Wl/c/03/09 26-Jul-09



Dear Sir


Subject DELAY EVENT NO 1-Not Foreseeable Physical Obstructionor Conditions (from Chainage + 280 to+310 in Sewer Line"A")-Interim Particulars No.2

Reference 1)SEC to DE letter BD WI/c/01/09 dated 08 June 20092) SEC to DE letter BD WI/c/02/09 dated 28 June 2009

Further to our above reffered letters with regard to aforementioned subject

In pursuant to Clause 44.2(b) and Clause 44.3 of the Conditions of Contract, we enclose herewith our interim particulars up to 26 July 2009 for your investigation and prompt action of granting extension of time to which ,we consider ouselves entitled .

Thank you

Yours faithfully,

FOR .

..


L E T T E R H E A D

Our ref:BD Wl/c/04/09 23-Aug-09



Dear Sir


Subject DELAY EVENT NO 1-Not Foreseeable Physical Obstructionor Conditions (from Chainage + 280 to+310 in Sewer Line"A")-Final Particulars

Reference 1)SEC to DE letter BD WI/c/01/09 dated 08 June 20092) SEC to DE letter BD WI/c/02/09 dated 28 June 20093) SEC to DE letter BD WI/c/03/09 dated 26 July 2009

Further to our above reffered letters with regard to aforementioned subject

In pursuant to Clause 44.2(b) and Clause 44.3 of the Conditions of Contract, we enclose 0herewith our final particulars up to 23 August 2009 for your investigation and prompt action of granting extension of time to which ,we consider ouselves entitled .

Thank you

Yours faithfully,

FOR .

..



On receipt of such interim particulars ,the Engineer shall, without undue delay, make an interim determination of extension of Time and, on receipt of such interim particulars, the Engineer shall review all the circumstances and shall determine an overall extension of time in regard to the event. In both such cases the Engineer shall make his determination after due consultation with the Employer and the Contractor and shall notify the Contractor of the determination, with a copy to the Employer

No final review shall result in a decrease of any extension of time already determined by the Engineer. Notice Procedure a) Draft properly (include the contents required by the Contract- event, duration, potential effects, intention to claim etc. b) Serve in a timely manner (within the time stated in the Contract-shortest time) c) Serve in a proper manner (address to, copy to and sign by, the authorised persons, deliver to the stipulated address by the stipulated method and retain proof of delivery. d) Maintain a log (register)for notices served.

How to suggest the effective delay of the work by the Contractor Considering the effect on and how it should affect the based programme of the project to be suggest by the planning engineer after collaboration with the project manager/site agent and quantity surveyor it should be decided.

If you have encountered more than one delay event you may submit combined delay particulars giving details for each delay in separate page. when calculate the delay amount you have to prepare revised programme based on the original contract programme

HOW TO EVALUATE EXTENDED HEAD OFFICE COSTS

It is very difficult to find out exact additional costs to the head office due to the extended period of a single project.

Accordingly various formulas being used to calculate , if the Engineer is willing to accept , head office costs. Such formulas are;

Hudson Formula Emden Formula Eichleay Formula Hank Laan Formula Modified Eichleay Formula Emstorm Formula Manashl Formula Cartert Formula Allegheny Formula Samaratunga Formula

EXAMPLE HUDSON FORMULA If the Initial Contract Price is a If the Overhead percentage is b (b/100) If the original Contract Duration is c Then the Amount of Day Rate is a x b = y c The extended dates say z Then the amount of extended head office costs is y x z

dated 24-Sep -07 (Copy attached)

But the present days normally the Engineers are not respecting any of the above mentioned formulas but insisting actual costs incurred.

PRESENTATION AND NEGOTIATION He who asserts must prove ; the burden of proof rest with the person who is claiming ( i.e. the Contractor ). Following are the most important aspects when making an extension of Time Claim; Be mindful of the provisions of the contract ; these provision will first and foremost determine your entitlement, so comply with them. Remember what you need to establish; do not bring irrelevant point to your claim. Stick to what you are claiming.

Communicate effectively ; the reader of your claim should not struggle to understand what you are saying. Use clear language and shorter sentences Summaries clearly Support what you state with evidence Be timely

FLUCTUATIONS OF COSTS AND LEGISLATION Rate of labour and prices of materials As detailed in Clause 70 of FIDIC/ICTAD the Contractors are entitled to claim changes in costs of labour and materials unless this has not been omitted by the General Conditions or Particular Conditions (Part ii) as usual. To calculate this increase or decrease can be done by the traditional methods or formula methods. The following definitions are applicable for this traditional method.

Workmen Workmen means skilled, semi-skilled and unskilled workers of all trades, employed by the Contractor on the Site for the purpose of or in connection with the Contract.

Basic Rate Basic Rate means the wage rate for each category of workmen prevailing on the day 28 days prior to the date set for submission of Tenders as defined in the Wages board Ordinance applicable to the category of workmen ,or, stated in the Tender Documents as basic rates of labour for the each category ,as the case may be.

Current Rate Current Rate shall means the wage rate for each category of workmen prevailing on any date subsequent to the day 28 days prior to the date set for submission of Tenders as defined in the Wages board Ordinance applicable to the category of workmen, or, the substantiated rates occurred at subsequent date The above rate difference is calculated by applying the difference between the Current and Basic rates as applicable to each category of workmen to the hours actually worked. Such adjustments may be either an addition to or a deduction from the Contract Price.

Specified Materials Specified Materials means the materials stated in Part (ii) or any other Tender Documents ,as the case may be, required on the Site for execution and completion of the Works.

Basic Prices Basic Prices means the prices for the specified materials prevailing on the day 28 days prior to the date set for submissions of Tenders as stated in the Part (ii)(Using Approved Organisations price lists, if any) ,or, stated in the Tender Documents, as the case may be.

Current Prices Current Prices means the current prices for the specified materials prevailing at any date subsequent to the day 28 days prior to the date submissions of Tenders (Using Approved Organisations current price lists, if any, or substantiated current rates. as the case may be.) The above priced difference is calculated by applying the difference between the Current and Basic prices to the Quantity actually delivered to the site. Such adjustments may be either an addition to or a deduction from the Contract Price.

The Contractor shall use due diligence to ensure that excessive wastages of the materials shall not occur. Any materials removed from the Site, shall be clearly identified in the records. The Contractor shall forthwith, upon the happening of any event which may or may be likely to give rise give notice in writing, thereof to the Engineer and the Contractor shall keep such records, accounts to enable to come to actual increase.

If, after the date 30 days prior to the latest dates for submission of Tenders ,any increases or decreases in National or State Statute, Ordinance, Decree or other law or any regulation or by bye-law of Local etc. shall be deducted or added to the |Contract Price. Note Please refer Clause 71 of FIDIC/ICTAD for Changes in Currency and Rates of Exchange Refer appendix for Fluctuation claim sheet

B O U N D A R Y W A L L A T P U D U K U D U I R A P P U PROJECT : VALUATION NO :EMPLOYER : MONTH ENDING :ENGINEER : SHEET NO :CONTRACTOR :

LABOUR FLUCTUATIONS IN COST

Basic RateDifference DifferenceCategory Name Date From To Hours Rate per Ammount per hour in Rate in amount

hour increase/decrease

Nett increase/decrease

Contractor's Representative's Signature. Engineer's Representative's Signature..Contractor's Quantity Sourveyor's Signature.. Employer's Quantity Surveyor's Signature.

B O U N D A R Y W A L L A T P U D U K U D U I R A P P U

PROJECT : VALUATION NO :EMPLOYER : MONTH ENDING :ENGINEER : SHEET NO :CONTRACTOR :

MATERIAL FLUCTUATIONS IN COSTI N V O I CE DETAILS

Basic PriceDifference DifferenceMaterial Invoice nonvoice date Unit Qty Rate Amount per unit in Price in amount

increase/decrease

Nett difference increase/decrease

Contractor's Representative's Signature. Engineer's Representative's Signature..Contractor's Quantity Sourveyor's Signature.. Employer's Quantity Surveyor's Signature.

CONSTRUCTION CLAIMSCLAIMS RELATED TO CONSTRUCTIONCLAIMS ARISING OUT OF THE CONTRACTCLAIMS RELATED TO EXTENSION OF TIME FOR COMPLETIONCLAIMS RELATED TO EXTENSION OF TIME FOR COMPLETION ( Contd. )THE CONTRACTORS BENEFIT FOR SUBMITTING CLAIMS FOR EOTContractual Provisions to produce an EOT claimDELAY AND ASSESSMENT OF DELAYSKEY ELEMENTS IN PREPARATION OF AN EOT CLAIMKEY ELEMENTS IN PREPARATION OF AN EOT CLAIM (Contd.)How you demonstrate a delay in a programme ?Step1- use the base-line programme and update it just before the delay occurs. This will gives the reader an indication that if the subject Employers delay had not occurred the project would be finish by certain date. Step 2- then you insert/include the Employers delay as an activity and show what has happened to the completion date due to the Employers delay. Step 3-Maintain all records (contemporary records) to substantiate the above both stepsThe difference of Completion Dates ; i.e. Completion Date without the Employer delay ( step 1 ) and the with Employers delay ( step 2 ) is the Contractors entitlement for EOT.PROCEDURE TO CREATE AN EOT CLAIMSThe Engineer may determine/quantify the extent of extension of time which the Contractor is entitled to. However keep in mind that the when assessing your entitlement , the Engineer will assess delay contributed by you to the completion of the project. So while claiming for your entitlements make sure to keep your house in order always.Claiming for additional cost associated with EOT claimsExtension of Time claims As per the Clause 44.1 of the Conditions of Contract, the Contractor shall entitle to give notice to the Engineer if the Contractor has an intension to claim Extension of Time due to the following reasons and the Engineer shall ,after due consultation with the Employer and the Contractor, determine the amount of such extension and shall notify the Contractor accordingly, with a copy to the Employer.a) the amount or nature of extra or additional work b) any course of delay referred to in the Conditions of Contract, i) Clause 12.2 FIDIC- Not foreseeable physical obstruction or conditions, ii) Clause 27.1 FIDIC-Fossils,iii) Clause36.5-Engineer's determination where Tests not provided for, iv) Clause 40.2-Engineer's Determination following Suspension v) Clause 42.2-Failure to Give Possession, vi) Clause 69.4-Contractor's Entitlement to Suspend Work, c) Exceptionally adverse climatic conditions, d) Any delay, impediment or prevention by the Employer, or e) Other special circumstance which may occur, other than through a default of or breach of contract by the contractor or for which he is responsible.The above e) is clearly indicate that whether it is contractually or not, if the contract is delayed due to any reason other than the reasons which was happened due to his faults The Contractor's Quantity Surveyor's duty is to send the required notices in time. Note; It is very important to read the appropriate Clauses in conjunction with the appropriate Clauses in Part ii of the Conditions of Contract (Contract Data), since the terms and required dates can be amended in Part ii of the Conditions of the Contract and Particular Conditions (Conditions in Part ii of the Conditions) shall supersede the General Conditions.(Conditions in Part I)Contractor to provide Notification and Detailed Particulars Hence the Contractor's Quantity Surveyor should give notice (refer Clause 44.2) to the Engineer with copy to the Employer informing that pursuant to Clause 44.1 of the Contract the Contractor is required extension of time due to the appropriate reasons which are purely beyond the responsibilities of the Contractor.Since the Engineer is not bound to make any determination unless the Contractor has (a) within 28 days after such event has first arisen notified the Engineer with a copy to the Employer, and (b) within 28 days, or such other reasonable time as may be agreed by the Engineer, after such notification submitted to the engineer detailed particulars of any extension of time to which he may consider himself entitled in order that such submission may be investigated at that time. Interim Determination of Extension Provided also that where an event has a continuing effect such that it is not practicable for the Contractor to submit detailed particulars within the period of 28 days referred to in Sub-Clause 44.2 (b),he shall nevertheless be entitled to an extension of time provided that he has submitted to the Engineer interim particulars at intervals of not more than 28 days and final particulars within 28 days of the end of the effects resulting from the event.Slide Number 25Slide Number 26Slide Number 27Slide Number 28Slide Number 29No final review shall result in a decrease of any extension of time already determined by the Engineer. Notice Procedure a) Draft properly (include the contents required by the Contract- event, duration, potential effects, intention to claim etc. b) Serve in a timely manner (within the time stated in the Contract-shortest time) c) Serve in a proper manner (address to, copy to and sign by, the authorised persons, deliver to the stipulated address by the stipulated method and retain proof of delivery. d) Maintain a log (register)for notices served.How to suggest the effective delay of the work by the Contractor Considering the effect on and how it should affect the based programme of the project to be suggest by the planning engineer after collaboration with the project manager/site agent and quantity surveyor it should be decided. If you have encountered more than one delay event you may submit combined delay particulars giving details for each delay in separate page. when calculate the delay amount you have to prepare revised programme based on the original contract programmeHOW TO EVALUATE EXTENDED HEAD OFFICE COSTS Slide Number 34Slide Number 35Slide Number 36Slide Number 37Slide Number 38Slide Number 39But the present days normally the Engineers are not respecting any of the above mentioned formulas but insisting actual costs incurred.PRESENTATION AND NEGOTIATIONHe who asserts must prove ; the burden of proof rest with the person who is claiming ( i.e. the Contractor ).Following are the most important aspects when making an extension of Time Claim;Be mindful of the provisions of the contract ; these provision will first and foremost determine your entitlement, so comply with them.Remember what you need to establish; do not bring irrelevant point to your claim. Stick to what you are claiming.Communicate effectively ; the reader of your claim should not struggle to understand what you are saying. Use clear language and shorter sentencesSummaries clearly Support what you state with evidence Be timelyFLUCTUATIONS OF COSTS AND LEGISLATION Rate of labour and prices of materials As detailed in Clause 70 of FIDIC/ICTAD the Contractors are entitled to claim changes in costs of labour and materials unless this has not been omitted by the General Conditions or Particular Conditions (Part ii) as usual. To calculate this increase or decrease can be done by the traditional methods or formula methods. The following definitions are applicable for this traditional method.Workmen Workmen means skilled, semi-skilled and unskilled workers of all trades, employed by the Contractor on the Site for the purpose of or in connection with the Contract. Basic Rate Basic Rate means the wage rate for each category of workmen prevailing on the day 28 days prior to the date set for submission of Tenders as defined in the Wages board Ordinance applicable to the category of workmen ,or, stated in the Tender Documents as basic rates of labour for the each category ,as the case may be.Current Rate Current Rate shall means the wage rate for each category of workmen prevailing on any date subsequent to the day 28 days prior to the date set for submission of Tenders as defined in the Wages board Ordinance applicable to the category of workmen, or, the substantiated rates occurred at subsequent date The above rate difference is calculated by applying the difference between the Current and Basic rates as applicable to each category of workmen to the hours actually worked. Such adjustments may be either an addition to or a deduction from the Contract Price.Specified Materials Specified Materials means the materials stated in Part (ii) or any other Tender Documents ,as the case may be, required on the Site for execution and completion of the Works.Basic Prices Basic Prices means the prices for the specified materials prevailing on the day 28 days prior to the date set for submissions of Tenders as stated in the Part (ii)(Using Approved Organisations price lists, if any) ,or, stated in the Tender Documents, as the case may be.Current Prices Current Prices means the current prices for the specified materials prevailing at any date subsequent to the day 28 days prior to the date submissions of Tenders (Using Approved Organisations current price lists, if any, or substantiated current rates. as the case may be.) The above priced difference is calculated by applying the difference between the Current and Basic prices to the Quantity actually delivered to the site. Such adjustments may be either an addition to or a deduction from the Contract Price.The Contractor shall use due diligence to ensure that excessive wastages of the materials shall not occur. Any materials removed from the Site, shall be clearly identified in the records. The Contractor shall forthwith, upon the happening of any event which may or may be likely to give rise give notice in writing, thereof to the Engineer and the Contractor shall keep such records, accounts to enable to come to actual increase.If, after the date 30 days prior to the latest dates for submission of Tenders ,any increases or decreases in National or State Statute, Ordinance, Decree or other law or any regulation or by bye-law of Local etc. shall be deducted or added to the |Contract Price. Note Please refer Clause 71 of FIDIC/ICTAD for Changes in Currency and Rates of Exchange Refer appendix for Fluctuation claim sheetSlide Number 52Slide Number 53