185 Notice of Claim No.1 - Force Majure 王.doc

1、DIAR DUSHANBE PROJECT PHASE 1Ref No: SHY/DDP/PE1/12/185 Date: 18. 02. 2013To: Mr. Sadettin Otluoglu Resident EngineerDAR Muhendislik Musavirlik A.S.AINI Street 24a “Markazai Tijori” CJSC “S.A.S”, 3rd FloorDushanbe, Tajikistan 734012Tel: +992(44)601 92 88RE: Contract ID: 55002348 Construction of Diar

2、 Dushanbe Project - Phase 1Subject: Notice of Claim No. 1 Force Majeure Our Ref.: Your Ref.: _Dear Sir,As you know we submitted the notice of unforeseeable Event being arisen on 10th November 2012, the Customs “Karamyk” (the border of Kyrgyzstan and Tajikistan) was closed for unexplained reasons, wh

3、ich is the only way considered by the Contractor during the biding stage. Actually it is very important time at this period because there is no special mobilization time according to the Key Date specified in the Contract. We have calculated the time about the truck which came through the Custom “Ka

4、ramyk”, it will take maximum one week only to reach to Dushanbe. The document of declaration from China and the Document of after the trucks arrived for temporary clearance and storage is attached as enclosure and the detailed information are shown as follows:No.GoodsPlate NumberDeparture DateArrive

5、 Date1Prefabricated house新A590802012.10.162012.10.222Prefabricated house新Q203172012.10.162012.10.223Prefabricated house新Q186032012.10.162012.10.224Welding Pipe, Elevator, Mortar Mixer新Q161162013.02.052013.02.115Welding Pipe, Elevator,新Q160602013.02.052013.02.116Welding Pipe, Elevator,新Q189372013.02.

6、052013.02.117Welding Pipe新Q184802013.02.052013.02.118Cut out Switch新A291392013.02.052013.02.11After the Custom “Karamyk” was closed we had to choose another tough route which is much longer and more rugged than that road. It took almost one month to reach to Dushanbe. The document of declaration fro

7、m China and the Document of after the trucks arrived for temporary clearance and storage is attached as enclosure and the detailed information are shown as follows:No.GoodsPlate NumberDeparture DateArrive Date1Formwork新A643382012.11.062012.12.022Formwork新Q172812012.11.062012.12.023Forklift Truck and

8、 accessories, Electrical and Plumbing Materials3354EPTO12012.11.062012.12.024Cable, Distribution Box, Safety Hat3050EPT012012.11.062012.12.025Safety Net, Small Instruments新Q130982012.11.062012.12.026Prefabricated House新Q161162012.11.132012.12.147Prefabricated House新Q354612012.11.132012.12.148Prefabr

9、icated House新A571252012.11.132012.12.14It is clearly display that it cost the Contractor additionally 20 days and some trucks even more than 25days. At this critical time even one day for the Contractor is very important and due to the materials arrived at Site late result in the mobilization become

10、 longer and longer. Definitely the Contractor was prevented from performing the proper mobilization under the Contract by Force Majeure and suffered delay, beside that the Notice has been given under Sub-Clause 19.2, According to Sub-Clause 19.4, the Contractor hereby kindly request your agreement w

11、ith the followings:l 20 days of Extension of time for such delay, as per (b) under Sub-Clause 8.4Extension of Time for Completion;l Additional cost due to Force Majeure. (We reserved such entitlement.)You are kindly requested to proceed in accordance with Sub-Clause 3.5 Determinations to agree or de

12、termine Claim No.1 as soon as possible. Assuring you of our cooperation at all times, as always.Yours faithfully,Project Manager of * Tajikistan Corporation Limited The Support Document of Claim CC: Mr. Rakesh Pant, QD Project ManagerMr. Ahmet Ziya Akyil, IMS Project Manager Claim No.1Force Majeure2

13、013/2/16ExplanationAfter reviewing the documents of the declaration of the trucks, we found that it took maximum only one week to deliver the material from China to Tajikistan Dushanbe in the course of nature. And it took almost one month even more than one month to deliver the materials from China

14、to Tajikistan Dushanbe after the Force Majeure happen.According to Sub-Clause 19.3 Duty to Minimize Delay “Each Party shall at all times use all reasonable endeavors to Minimize any delay in the performance of the Contract as a result of Force Majeure.”the Contractor has exerted their effort to mini

15、mize such delay, after the Karamyk Custom was closed, the Contractor immediately identify others route way indicated in the transportation route map even though the condition road is rugged and longer. And we have to change the long trucks to the normal truck because of the road. The cost of the transportation has been increase more than 50% after the Force Majeure happen. Therefore the Time Extension should be granted according to the General Condition of Contract Sub-Clause 19.4 and Sub-Clause 8.4.