108.09 Request for Time Extensions on Work Day, Calendar Day, and Calendar Date Contracts
Conditions for granting additional time are discussed in subsections 108.08, 108.09 and 108.10 of the Standard Specifications for Construction. It is the responsibility of the Contractor to submit an Extension of Contract Time Request, Form 1100A, for additional time beyond that allowed in the contract. The Engineer has seven days from the date the request is received, to make a recommendation, forward the request to the Region Engineer and provide the Contractor a copy of the recommendation.
If the Contractor does not agree with the Engineer’s action and has additional valid information, a meeting at the Region level can be requested. Any additional information must be submitted in writing. If, after the final determination has been made by the Lansing office, the Contractor is still in disagreement, the Contractor may continue to request a meeting as in any other disputed claim.
Extensions of time in which the assessment of liquidated damages is to be determined later should be submitted on Form 1100A. Contractors should be instructed and encouraged to submit these requests in a timely manner according to the standard specifications.
A Contract Modification is necessary to show the disposition of liquidated damage charges. Form 1100A submitted by the Contractor and acted upon by MDOT will be used with the recommendation.
The Engineer should ensure that the Contractor applies for an extension of time when it is apparent the work will not be completed by the completion date shown in the contract. When the Contractor falls two weeks behind the Critical Path schedule, the Engineer will notify the Contractor, in writing, and request the necessary action to get back on schedule. If after two weeks the work is still falling behind schedule, the Region Engineer will be notified and a meeting arranged with the Contractor to work out a revised schedule. The Critical Path may be updated in the field or by computer, as previously explained under CPM.
When specific opening dates, or workdays required for stage construction or opening to traffic are to be revised, a contract modification will be processed. An approved copy of Form 1100A must accompany the Contract Modification, Form 1100.
The Contractor is to submit the Extension of Contract Time Request, Form 1100A, to the engineer. The Engineer will review and route the form per the form instructions.
Extension of Contract Time forms are intended to catalog previous extension of time decisions (spanning from initial completion date / interim completion date to any revised dates) and should include the Contract time determinations made prior.
Contract Modifications processed to allow for extension of contract time must include the 1100A form as a supporting document.
Engineers are reminded of the requirement for timely written decisions to Contractors per subsection 108.09. To facilitate this, 1100A forms must be advanced by performing a Change State Function in ProjectWise. This action will generate an email notification that must be sent to the Prime Contractor email address identified at the Preconstruction meeting.
This procedure for extending the contract time for purposes of paying estimates only is intended to provide continuity of payment to the Contractor after expiration of the contract time. Under the revised procedures for extension of time, the Engineer will not submit an extension of time Contract Modification during the active life of the project.
The Engineer, during the project, will continue to process all Extension of Time Contract Requests submitted by the Contractor. When processing through the Lansing office is completed, the Engineer will retain them in the file until the project is complete.
When the original contract time is nearly expired, the Engineer will determine how much additional time beyond the original contract time is necessary to complete the project. Upon completion of the project and determination of final quantities, a Contract Modification, will be necessary to authorize the extension of time and for final determination of liquidated damages. All pertinent 1100A’s will be attached to this final Contract Modification. Signing the authorization for extension of time is not necessary for the Contractor.
The comments should contain information relative to progress, quality of work, amount and condition of equipment, difficulties encountered and methods used in correction, probable starting and completion dates of surfacing and other major items of work. Contractor compliance, departmental regulations, progress of work performed by utility companies, status and condition of temporary routes, work suspended and work resumed dates and any other information considered of value as a permanent record should be recorded. Also, list Subcontractors and their work activity. If the space provided is inadequate, the back of the report may be used.
LAP Projects will follow the processes for granting extensions of time per 108.09 Extension of Time on Work Day, Calendar Day, and Calendar Date Contracts