CONTENTS - Central Public Works Department

184 SECTION 29
SECTION 29
EXTENSION OF TIME AND COMPENSATION FOR DELAY
29.1 General Principles
(1) At the time of issuing Notice Inviting Tenders for a particular work, the Engineer-in-charge should
specify the time allowed for completion of the work consistent with the magnitude and urgency of
the work.
(2) The time allowed for carrying out the work as entered in the contract shall be strictly observed by
the contractor, and shall be reckoned from the .....th day (as mentioned in the NIT) after the date
on which the letter of acceptance is given to the contractor.
(3) The work shall be proceeded with all due diligence on the part of the contractor throughout the
stipulated period of the contract (time being deemed to be the essence of the contract).
(4) To ensure good progress of the work during execution, the contractor shall be bound, in all cases,
in which the time allowed for any work exceeds one month (save for special job), to complete the
work as per the milestones given in Schedule ‘F’ given under clause 5 of the contract, or as per the
re-scheduled milestones. However, for special jobs, if a time schedule has been submitted by the
contractor and the same has been accepted by the Engineer-in-charge, the contractor shall comply
with such time schedule. (Provisions under para 33.5 of this Manual may also be seen).
29.1.1 Review of progress of the work
(1) The NIT approving authority shall stipulate time schedule for physical milestones in Schedule ‘F’
under clause 5 of the General Conditions of Contract, in the NIT. The tender accepting authority
shall review the progress of work each month with all the concerned disciplines including the
contractor. The factors affecting the progress shall be identified and discussed and remedial
measures taken, wherever required. Detailed minutes of these meetings shall be issued. Whenever
physical milestones have been specified in the NIT, the detailed review may be carried out on the
dates specified for such milestones.
(2) If an extension of time has been granted by the competent authority for genuine hindrances, he
should re-schedule the milestones appropriately for the work.
29.2 Requirements of clause 5
Clause 5 of CPWD Forms no. 7 and 8 and Clause 4 of CPWD Form no. 9 empower the Engineer-incharge
to grant extension of time for the completion of the work on certain conditions. He can exercise
such powers if the following conditions are satisfied:
(i) The contractor must apply to the Engineer-in-charge in writing for extension of time.
(ii) Such an application must state the grounds that hindered the contractor in the execution of the
work within the stipulated time.
(iii) Such an application must be made within 14 days of the date on which such hindrance arose.
(iv) The Engineer-in-charge must be of the opinion that the grounds shown for the extension of time
are reasonable.
29.3 Powers of officers for grant of extension of time
The powers for grant of extension of time have been delegated to CPWD Officers as shown in Appendix-1.
29.4 Grant of extension of time without application
(1) Based on the Hindrance Register where adequate and proper grounds exist, the Engineer-incharge
can grant extension of time even in the absence of application from the contractor under
Clause 5.
(2) The extension, in order to be binding, will have to be by the ‘agreement’ of the parties, express or
implied. It, therefore, follows that if the extension of time is granted by the Executive Engineer and