CONTENTS - Central Public Works Department

SECTION 29
such extension of time is accepted by the contractor, either expressly or implied by his action
before and subsequent to the date of completion, the extension of time granted by the Executive
Engineer is valid. It is, therefore, necessary that the Executive Engineer grants extension of time
provisionally even when the contractor does not apply for extension of time in order to keep the
contract alive. If the contractor refuses to act upon the extension granted by the Engineer-incharge,
it will attract the provisions of clauses 2 & 3 of the agreement.
(3) The recovery of liquidated damages for delayed performance, on account of which extension of
time is granted under clause 2, is a distinct matter and would depend on:
(i) Prior notice as contemplated by Section 55 of the Contract Act, 1872.
(ii) Fault/delay/hindrance being ascribable to the contractor, and
(iii) Proof of the loss occasioned thereby (in case it is challenged by the contractor before the
Arbitrator).
29.5 Form of application for extension of time
The form of application for extension of time to be submitted by the contractor has been standardized
and is at Appendix 28. The contractor is required to apply for grant of extension of time on Part I of the
Form. Part II of the Form is to be used by the departmental officers for the purposes of dealing with the
application for extension of time.
29.6 Action on belated application for extension of time
Although the contractor is required to seek extension within 14 days from the date of occurrence of
hindrance for which the extension is sought, it does not debar the grant of extension sought later, as it is
always competent to a promise to waive a delay and accept performance after the stipulated time. However,
the extraordinary concession should be refused save in most exceptional circumstances, and for very
good causes shown for not seeking it within the period of 14 days. The contractor has no right to have this
request for extension considered where he has not applied for it in accordance with clause 5 of the
agreement.
29.7 Recording of hindrances (Modified as per OM/MAN/233)
(1) Whenever any hindrance whether on part of department or on part of contractor, comes to
the notice of the Assistant Engineer, he should at once make a note of such hindrance in the
register kept at site, and immediately make a report to the Executive Engineer within a week.
(2) The Executive Engineer shall review the Hindrance Register at least once in a month.
(3) The proforma for the Hindrance Register shall be as per Annexure.
(4) The following points should be kept in mind while entering the hindrances in the Hindrance
Register:
(i) The entry of date of start of hindrance and date of removal of hindrance should be made on
the same day as the hindrance takes place or the cause of the hindrance is removed,
respectively.
(ii) The Executive Engineer should work out the over-lapping period, net period of hindrance
and weightage of each hindrance within 15 days of removal of the cause of hindrance. For
works out side headquarters, this should be done as and when he visits the site.
(iii) The items of work affected due to any hindrance should be clearly mentioned in the Hindrance
Register by the Assistant Engineer, and the weightage should be allowed on this basis.
(iv) Each hindrance should be entered in the Hindrance Register, which should be authenticated
by the Executive Engineer and Contractor.
(v) The hindrances on part of contractor is also to be entered in the Hindrance Register.
(vi) The hindrance should be recorded carefully in the Hindrance Register after considering its
effect on completion of work.
(vii) Review of hindrance register shall be compulsory in division office by EE and AAO at
the time of payment of each Running Account Bill and final bill and certificate shall be
recorded that all up to date hindrances on part of department and contractor have
been recorded in the hindrance register.
(viii) The net delay on part of department or contractor shall be worked out after considering
all the hindrances recorded in the hindrance register.
(ix) The Superintending Engineer should review the Hindrance Register whenever he visits the
site of work.
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