I am reviewing a request for an extension of Contract Time on one of our projects. A Change Order request was submitted involving several electrical items. I rejected two of the items since they are noted and detailed within the set of construction drawings. The contractor disagrees with my decision so I issued a Change Order for the non-disputed items and a Construction Change Directive for the two disputed items to avoid delay as prescribed in General Conditions.
The contractor is asking for a time extension not only for the additional electrical work but for the time expended in preparing the Change Order and Construction Change Directive. I have not encountered this specific situation previously and I am trying to determine what is reasonable. There was a lot of back and forth over several days with e-mails and phone conversations to get things resolved. It doesn't seem fair to me that the Owner should be penalized for the time that the contractor spent in responding. I should add that there are liquidated damages involved and so the number of days of delay that I allow has significance.
Has anyone out there dealt with a similar situation? General Conditions doesn't address this specific issue.
Donald F. Sopranzi, AIA, LEED-AP Architect
10260 North Central Expressway, Suite 258
Dallas, Texas 75231