PROJECT NAME

EXTENSION OF TIME CLAIM

No. 2

INTERIM PARTICULARS

25 July 2012

Volume I
Claim Narrative
Project Name
Extension of Time Claim No. 2

CONTENTS

1 Executive Summary 4
2 Introduction 5
3 Background 6
3.1 Contract Agreement 6
3.2 Conditions of Contract 6
3.3 Contractual Parties 6
3.4 Other Parties 7
3.5 Contractual Obligations 8
3.6 Time for Completion 11
3.7 Liquidated Damages 11
3.8 Entitlement to Extension of the Time for Completion 12
3.9 Contractor Claims 13
3.10 Notification of Delay Events 16
3.11 Programme for the Works 16

4 Delay Events 16
4.1 General 16
4.2 Delays, Impediments or Acts of Prevention by the Employer 16
4.2.1 Late Procurement of Ceramic Tiles 17

5 Delay Analysis
5.1 Method 21

6 Mitigation 22

7 Entitlement 23

Major Appendices

No. Title Page Appendix

Ref. Location

1 List of Abbreviations 5 Vol II

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1 Executive Summary

The Agreement between Line Investments and Property L.L.C. (The Employer)
and CONTRACTOR (the Contractor) that was signed on ?? 2008 for the
construction of the Fish, Vegetable, Meat Market and Shopping Mall in Abu Dhabi
(the ‘Works’) is a Lump Sum Contract whereby the Contractor is responsible for
executing and completing the Works and has a fundamental contractual obligation
to complete the whole of the Works by 12th January 2010, 22 months after the
Commencement Date of 12th March 2008.

However, approximately 11 months after the Commencement Date the Employer,

amongst other things, nominated a subcontractor to design, fabricate and install
skylight SK1. The timing of the nomination, subsequent delays in finalising the
Subcontract and the late approval of shop drawings had a considerable impact on
the progress of the Works and the ability of the Contractor to be able to complete
the Works by the due date.

This document comprises interim particulars of a claim for an ?? Day extension to

the Time for Completion, resulting from delay events described in this document.
The date for completion is revised accordingly as follows:

Milestone Date for Completion Extension

Contract Revised Claimed

1 Hand over Retail Areas to Tenants 12 Sep ’09 ?? ?? Days

2 Hand over Complete Project 12 Jan ‘10 ?? ?? Days

The Contractor intends to submit further extension of time claims covering other
delay events.

Costs associated with the claim for an extension of time are not included in this
document and will be presented in a separate submission in due course.

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2 Introduction

This document demonstrates the Contractor’s entitlement to an extension of the

Time for Completion.

Costs associated with the extension of time have yet to be calculated to a degree of
accuracy required by the Conditions of Contract and so have been excluded from
this document. These costs will be calculated and submitted in due course.

This document refers to various events which have caused delay. Although it must
be recognised that these are not the only events that have given cause for delay,
they are, in the Contractor’s opinion, the primary issues. The Contractor reserves
the right to submit further claims referring to other events which have also given
rise to delays. It must therefore be understood that this document is not
exhaustive.

Other delay events will be the subject of separate extension of time claims.

Where documents are referred to in this document, they are attached as

appendices. The footnote reference corresponds to the Appendix reference.

A list of abbreviations that appear in this document can be found in the List of
Abbreviations Appendix1.

1
Appendix

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3 Background

3.1 Contract Agreement

The Agreement for the Works was signed by The Employer and the Contractor on
?? 20082. This Agreement identified the Time for Completion as being 24 months3
and the Contract Price as being AED 000,000.00.

A Memorandum of Understanding4 was subsequently signed by both Parties

reducing the Time for Completion to 22 months in order to reflect the value
engineering exercise changing bored piles to a raft foundation.

3.2 Contract Documents

The following documents comprise the Contract Documents:

(a) The letter of Acceptance5

(b) The Instructions to Tenderers
(c) The Form of Tender and Appendices dated 2nd September 2007
(d) The Agreement and Appendix
(e) The Conditions of Contract (Parts I and II)
(f) The Project Description & Scope of Works
(g) The Specifications
(h) The Bill of Quantities
(i) The Drawings
(j) Tender Addenda and Clarifications
Addendum 1 Ref. 000169/07 12th August 2007
Addendum 2 Ref. 000183/07 16th August 2007
Addendum 3 Ref. 000202/07 27th August 2007
Clarification 1 Ref. 000162/07 6th August 2007
Clarification 2 Ref. 000188/07 20th August 2007
(k) Any other documents forming part of the Contract

As provided for in the Conditions of Contract6, the documents forming the

Contract are to be taken as mutually explanatory of one another.

2 The Agreement
3 Item 6 of Appendix “A” to the Agreement
4 Item 2 of Memorandum of Understanding dated 6th March 2008.

5 LI letter dated 14th January 2008

6 Sub-Clause 5.2.

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3 Background (Cont’d)

3.3 Conditions of Contract

The General Conditions of Contract are the Conditions of Contract for Works of
Civil Engineering Construction (Fourth Edition 1987) reprinted in 1992 with
further amendments as prepared by the “Federation Internationale Des
Ingenieurs-Conseils (FIDIC)” and amended by Conditions of Particular
Application.

Clauses of the “Conditions of Particular Application” take precedence over the

clauses of the “General Conditions of Contract”.

3.4 Contractual Parties

The Agreement confirms that the contract is between the Employer and the
Contractor (CONTRACTOR).

3.5 Other Parties

3.5.1 The Engineer

The Engineer is ENGINEER (THE ENGINEER), which fulfils a management role

as defined in the Contract Documents7.

3.5.2 Project Manager

The Project Manager (PROJECT MANAGER). Although this organisation has no

formal role under the Contract, it plays an active role in the implementation of the
Works.

7 Clause 2

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3 Background (Cont’d)

3.6 Contractual Obligations

The Contractor’s general responsibilities, as set out in Sub-Clause 8.1 of Conditions

of Contract, are:

The Contractor shall, with due care and diligence, design (to the extent
provided for by the Contract), execute and complete the Works and
remedy any defects therein in accordance with the provisions of the
Contract.

The Contractor shall provide all superintendence, labour, materials, Plant,

Contractor’s Equipment and all other things, whether of a temporary or
permanent nature, required in and for such design, execution, completion
and remedying of defects, so far as the necessity for providing the same is
specified in or is reasonably to be inferred from the Contract.

The Contractor shall give prompt notice to the Engineer, with a copy to the
Employer, of any error, omission, fault or other defect in the design of or
Specification for the Works which he discovers when reviewing the
Contract or executing the Works.

The Contractor’s obligations regarding site operations and methods of

construction, as set out in Sub-Clause 8.2 of Conditions of Contract, are:

The Contractor shall take full responsibility for the adequacy, stability and
safety of all Site operations and of all methods of construction. Provided
that the Contractor shall not be responsible (except as stated hereunder or
as may be otherwise agreed) for the design or specification of Permanent
Works, or for the design or specification of any Temporary Works not
prepared by the Contractor. Where the Contract expressly provides that
part of the Permanent Works shall be designed by the Contractor, he shall
be fully responsible for that part of such Works, notwithstanding any
approval by the Engineer.

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3 Background (Cont’d)
3.5 Contractual Obligations (Cont’d)

A detailed description of the Project, as set out in Part I of the Particular

Specification, is:

1 INTRODUCTION

The project is located on Plot A, Sector a-F2 between intersections

I73 and I46 on Airport Road.

2 DESCRIPTION

• The PROJECT will be a state-of-the-art fish, meat and

vegetable market. Each shop is individually equipped with
all facilities. The public and service areas are completely
segregated by providing separate service corridors at the back
of all shops. A large entrance, huge public lobbies and all
modern facilities provided make it a very hygienic and
odour-free place. It has a separate loading/unloading area
accessible from the street
• The mall is equipped with panoramic elevators, travelators
and escalators and service lifts
• Facilities like restaurants, food courts, specialty shops and a
large hypermarket will cater for visitors
• 2180 Car parking spaces in total

A Basement Floor
• Underground parking lot for 1105 cars
• Three separate entrances and exists for ease of traffic
• Four entrance halls providing travelators, escalators and
lifts for the fish market and mall
• Stores, electrical and telephone rooms

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3 Background (Cont’d)

3.6 Time for Completion

The Time for Completion for the whole of the Works was established as being 22
Months from the Commencement Date of 12th March 20088. The completion date
for the whole of the Works is therefore calculated as 12th January 2010.

The Agreement documents include the following critical Milestones:

Milestone Period Date

(Months)
• Hand over Retail Areas to Tenants 189 12 Sep ‘09
• Hand over Complete Project 2210 12 Jan ‘10

3.7 Liquidated Damages

In the event that completion is delayed, without the Contractor having any
entitlement to an extension to those dates, the Conditions of Contract11 provides
for the imposition of delay damages by the Employer as follows:

Amount of Liquidated Damages for delays in the completion of the Work:

• Amount per Day: AED 15,00012

• Maximum Amount: 10% of the Contract Price13

Amount of Monthly Supervision Charges14

• Amount per Month: AED 1,666.6715

8
Item 2 of Memorandum of Understanding dated 6th March 2008.
9
Item 6 of Appendix “A” to Agreement
10 Item 2 of Memorandum of Understanding dated 6th March 2008.

11 Sub-Clause 47

12 Item 15.1 of Appendix “A” to Agreement

13Item 16 of Appendix “A” to Agreement. 10% of AED 1,000,000 = AED 1,000,000

14 Based on the original Contract Price and the original Time for Completion

15 Item 15.2 of Appendix “A” to Agreement. 2.5% of AED 1,000,000/24 months = AED 1,666.67

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3 Background (Cont’d)

3.8 Entitlement to Extension of the Time for Completion

The Contractor’s entitlement to an extension of the Time for Completion, and

thereby relief from any liability for Liquidated Damages, arises from Sub-Clauses
44.1 to 44.3 of the Conditions of Contract as follows:

44.1 In the event of:

a) The amount or nature of extra or additional work,

b) Any cause of delay referred to in these Conditions,

c) Any delay, impediment or prevention caused by the Employer, or

d) Other special circumstances which may occur, other than through a

default of or breach of contract by the Contractor or for which he is
responsible,

Being such as fairly to entitle the Contractor to an Extension of the Time for
Completion of the Works, or any Section or part thereof, the Engineer shall, after
due consultation with the Employer and the Contractor, determine the amount of
such extension and shall notify the Contractor accordingly, with a copy to the
Employer.

In order to determine the amount of such Extension, the Engineer may request
that the Contractor prepares a “Time Impact Analysis” for adjustment of the
Completion Dates identified in Appendix to the Form of Tender.

The Time Impact Analysis shall define the extent of adjustment, and the basis
therefore, in a form acceptable to the Engineer and shall include (but shall not be
limited to):

• Identification of activities which will require change, and

• An analysis of how float has been used to minimise the additional time
required.

The Time Impact Analysis shall indicate the date(s) any extra or additional work
or other special circumstances occurred, the status of the work at that time, and
resultant impact on the Completion Dates as per the corrected programme.

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3 Background (Cont’d)
3.8 Entitlement to Extension of the Time for Completion (Cont’d)

44.2 Provided that the Engineer is not bound to make any determination unless the
Contractor has:

b) Within 28 days after such event has first arisen notified the Engineer
with a copy to the Employer, and

c) Within 28 days, or such other reasonable time as may be agreed by the

Engineer, after such notification submitted to the Engineer detailed
particulars of any extension of time to which he may consider himself
entitled in order that such submission may be investigated at the time.

44.3 Provided also that where an event has a continuing effect such that it is not
practicable for the Contractor to submit detailed particulars within the period of
28 days referred to in Sub-Clause 44.2(b), he shall nevertheless be entitled to an
extension of time provided that he has submitted to the Engineer interim
particulars at intervals of not more than 28 days and final particulars within 28
days of the end of the effects resulting from the event. On receipt of such interim
particulars, the Engineer shall, without undue delay, make an interim
determination of extension of time and, on receipt of the final particulars, the
Engineer shall review all the circumstances and shall determine an overall
extension of time in regard to the event. In both such cases the Employer shall
make his determination after due consultation with the Employer and the
Contractor and shall notify the Contractor of the determination, with a copy to
the Employer. No final review shall result in a decrease of any extension of time
already determined by the Engineer.

In addition to Sub-Clause 44.1, the following Sub-Clauses also give entitlement to

extensions to the Time for Completion: -

6.4 Delays and Cost of Delay of Drawings

36.5 Engineer’s Determination where Tests not Provided for
40.2 Engineer’s Determination following Suspension
42.2 Failure to Give Possession
69.4 Contractor’s Entitlement to Suspend Work

As will be seen from later sections of this document, the Contractor is clearly
entitled to an extension to the Time for Completion and therefore contractually
will have no liability for Liquidated Damages.

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3 Background (Cont’d)

3.9 Contractor’s Claims

Clause 53 of the Conditions of Contract sets out the following procedure for
claims:

53.1 Notwithstanding any other provision of the Contract, if the Contractor

intends to claim any additional payment pursuant to any Clause of these
Conditions or otherwise, he shall give notice of his intention to the
Engineer, with a copy to the Employer, within 28 days after the event
giving rise to the claim has first arisen.

53.2 Upon the happening of the event referred to in Sub-Clause 53.1, the
Contractor shall keep such contemporary records as may reasonably be
necessary to support any claim he may subsequently wish to make.
Without necessarily admitting the Employer’s liability, the Engineer shall,
on receipt of a notice under Sub-Clause 53.1, inspect such contemporary
records and may instruct the Contractor to keep any further contemporary
records as are reasonable and may be material to the claim of which notice
has been given. The Contractor shall permit the Engineer to inspect all
records kept pursuant to this Sub-Clause and shall supply him with copies
thereof as and when the Engineer so instructs.

53.3 Within 28 days, or other such reasonable time as may be agreed by the
Engineer, of giving notice under Sub-Clause 53.1, the Contractor shall send
to the Engineer an account giving detailed particulars of the amount
claimed and the grounds upon which the claim is based, Where the event
giving rise to the claim has a continuing effect, such account shall be
considered to be an interim account and the Contractor shall, at intervals as
the Engineer may reasonably require, send further interim accounts giving
the accumulated amount of the claim and any further grounds upon which
it is based. In cases where interim accounts are sent to the Engineer, the
Contractor shall send a final account within 28 days of the end of the
effects resulting from the event. The Contractor shall, if required by the
Engineer to do so, copy to the Employer all accounts sent to the Engineer
pursuant to this Sub-Clause.

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3 Background (Cont’d)
3.9 Contractor’s Claims (Cont’d)

Clause 53 (Cont’d)

53.4 If the Contractor fails to comply with any of the provisions of this Clause in
respect of any claim which he seeks to make, his entitlement to payment in
respect thereof shall not exceed such amount as the Engineer or ‘The Court
of Abu Dhabi’ assessing the claim considers to be verified by contemporary
records (whether or not such records were brought to the Engineer’s notice
as required under Sub-Clauses 53.2 and 53.3).

53.5 The Contractor shall be entitled to have included in any interim payment
certified by the Engineer pursuant to Sub-Clause 60 such amount in respect
of any claim as the Engineer, after due consultation with the Employer and
the Contractor, may consider due to the Contractor provided that the
Contractor has supplied sufficient particulars to enable the Engineer to
determine the amount due. If such sufficient particulars are insufficient to
substantiate the whole of the claim, the Contractor shall be entitled to
payment in respect of such part of the claim as such particulars may
substantiate to the satisfaction of the Engineer. The Engineer shall notify
the Contractor of any determination made under this Sub-Clause, with a
copy to the Employer.

3.10 Notification of Delay Events

In accordance with Conditions of Contract16 the Contractor has repeatedly advised

the Engineer that various events have caused serious delay and disruption to the
progress of the Works, resulting in a major impact to the Time for Completion.
The project records contain numerous examples of such notification letters.

16 Sub-Clause 44.2

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3 Background (Cont’d)

3.11 Programme for the Works

The detailed time programme17 was submitted for approval on 24th March 2008.
Following the incorporation of various comments, the final programme was re-
submitted on 29th May 2008 and accepted by the Engineer on 6th August 200818.

This approved Clause 14.1 programme is hereafter referred to as the Baseline

Programme.

17 Refer Conditions of Contract Sub-Clause 14.1

18 Dates recorded in Monthly Report No. 9, document No. MR/018

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4 Delay Events

4.1 General

During the course of the project numerous events have occurred that have affected
progress and will ultimately delay taking over of the Works. The Contractor has
identified below a number of the major delay events that clearly entitle it to an
extension of the Time for Completion and thereby relief from any liability for
Liquidated Damages. In addition, the Contractor is entitled to additional payments
in respect of prolongation, escalation and finance costs for the extended
construction period.

Delay events included in this document are categorised as follows:

• Delay, impediment or prevention caused by the Employer

4.2 Delays, Impediments or Acts of Prevention Caused by the Employer

The Conditions of Contract19 establish entitlement to an extension of the Time for

Completion in cases where delay, impediment or prevention caused by the
Employer have or will delay taking over of the Works.

The following events delayed the commencement and completion of skylights, a

critical component of the Works: -

• Late Nomination
• Clarification of payment terms
• Delays in the review of shop drawings

The late nomination of the skylight Subcontractor20 by the Employer delayed the
commencement of this critical component of the Works.

In addition, Subcontract payment terms incorporated into the Employer’s

nomination were inconsistent with payment terms included in the Contract. The
signing of the Subcontract was delayed while this inconsistency was clarified. As a
result, the commencement date was further delayed.

19 Sub-Clause 44.1 (c)

20
Emirates L.L.C.

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4 Delay Events (Cont’d)

4.2 Delays, Impediments or Acts of Prevention Caused by the Employer
(Cont’d)

4.2.1 Skylights

4.2.1.1 Background

4.2.1.1.1 Late Nomination

The late nomination of the skylight Subcontractor21 by the Employer delayed the
commencement of this critical component of the Works.

The skylight nomination was planned to have been made by ??, but was not made
until ?? days later on 17th February 2009.

CONTRACTOR made repeated requests in 2008 for the nomination of the skylight
subcontractor and the issue was discussed in a number of site meetings22.

As a result of the late nomination, work on the skylight SK1 commenced late.

4.2.1.1.2 Clarification of Payment Terms

Subcontract payment terms incorporated into the Employer’s nomination were

inconsistent with payment terms included in the Contract. The signing of the
Subcontract was delayed while this inconsistency was clarified by PROJECT
MANAGER and accepted by SUB CONTRACTOR XX. As a result, the
commencement date was further delayed.

4.2.1.1.3 Delays in the review of shop drawings

Shop drawings submitted for approval on 8th May 2009 were approved 46 days
later on 21st June 2009, 34 days longer than the established review period of 14
days23. As a result of delays in the approval of shop drawings, fabrication was
delayed.

21
Emirates . hereafter referred to as “SUB CONTRACTOR XX”
22
Refer AFGCO letter GC/PD/A323/B2/478/09 dated 21st February 2009-08-02
23
Item 2 of MGI letter MGI/CFM/AFGCC/NP/L/00981 dated 14th January 2009

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4 Delay Events (Cont’d)

4.2 Delays, Impediments or Acts of Prevention Caused by the Employer
(Cont’d)
4.2.1 Skylights (Cont’d)

4.2.1.2 Chronology

• 17th February 200924 PROJECT MANAGER Nominated SUB

CONTRACTOR XX as the Skylight Contractor.

• 19th February 200925 CONTRACTOR requested that PROJECT

MANAGER confirm subcontract payment terms
included in the nomination.

• 21st February 200926 Delay notification submitted by

CONTRACTOR.

• 5th March 200927 PROJECT MANAGER confirmed that payment

terms included in the nomination are correct,
except that the 1st payment would be made as an
advance payment.

• 12th April 200928 Subcontract agreement sent to SUB

CONTRACTOR XX for signing.

• 14th April 200929 Signed Subcontract agreement returned by

EDSE.

• 15th April 2009 Preparation of detailed shop drawings

commenced.

• 8th May 200930 Shop drawings submitted for approval.

24 letter 1126 dated 17th February 2009

25
letter 484/09 dated 19th February 2009
26 letter /478/09 dated 21st February 2009
27
letter C/NA/L/01190 dated 5th March 2009
28
??
29
SUB CONTRACTOR XX letter SUB CONTRACTOR XX/ T-120/09 dated 14th April 2009
30
??

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4 Delay Events (Cont’d)

4.2 Delays, Impediments or Acts of Prevention Caused by the Employer
(Cont’d)
4.2.1 Skylights (Cont’d)

4.2.1.2 Chronology (Cont’d)

• 14th June 2006 Fabrication of skylight SK1 commenced.

• 21st June 200931 Shop drawings approved.

• 25th June 2009 Concrete roof beams cast.

• 12th July 2009 First delivery of Skylight SK1 materials to site.

• 13th July 2009 Installation of Skylight SK1 commenced.

• 25th August 2009 Tower cranes dismantled (anticipated).

• 17th September 2009 Anticipated completion of Skylight SK1

installation.

• 24th October 2009 Anticipated completion of Skylights SK2 & SK3

installation.

4.2.1.3 Cause & Effect

Delays resulting from the late nomination, the clarification of payment terms and
the extended review of shop drawings all delayed the commencement of skylight
installation activities. As a consequence, the completion of skylight SK1 will be
delayed.

The late completion of skylight SK1 delayed the removal of tower cranes, which in
turn delayed the installation of skylights SK2 and SK3.

31
??

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As these delays occurred on the critical path, the overall effect is a delay to the
Time for Completion.

4 Delay Events (Cont’d)

4.2 Delays, Impediments or Acts of Prevention Caused by the Employer
(Cont’d)
4.2.1 Skylights (Cont’d)

4.2.1.3 Cause & Effect (Cont’d)

The following table sets out details of the delay period. The effect of this delay
event on the Time for Completion is contained in Section 5 of this document.

Ref. Description Delay Delay Delay

Start End ( Days)
A Nomination of SUB CONTRACTOR 17 Feb 09
XX
B Finalisation of Subcontract
agreement 18 Feb 09 14 Apr 09 24
C Preparation of shop drawings 15 Apr 09 07 May 09 22
D Submission/approval of shop
drawings 08 May 09 21 Jun 09 44
E Fabrication/delivery to site 14 Jun 09 12 Jul 09 28
F Installation of SK1 12 Jul 09 17 Sep 09 67
G Removal of tower cranes 03 Aug 09 25 Aug 09 22
H Installation of SK2 & SK3 26 Aug 09 24 Oct 09 59
Total Delay Period 17 Feb 09 24 Oct 09 259

J Delay to the Time for Completion32

Milestone 1 12 Sep 09 24 Oct 09 42

K Delay to the Time for Completion33

Milestone 2 12 Jan 10 23 Feb 10 42

32 Appendix 5.?
33 Appendix 5.?

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5 Delay Analysis

5.1 Method

5.1.1 Baseline Programme34

The approved Clause 14.1 programme35 has been considered as the Baseline
Programme for the purposes of this extension of time claim and forms the basis
from which the Entitlement Programme has been produced.

5.1.2 Entitlement Programme

The ‘Time Impact Analysis’ delay analysis method has been adopted in this
extension of time claim is consistent with the delay analysis methodology outlined
in the Contract Documents36.

Critical activities that are contained in the Baseline Programme form the basis for
the Entitlement Programme37. The Entitlement Programme has been produced by
updating the Baseline Programme with progress up to a point in time just before
the delay event arose. The delay event has then been introduced into the updated
Baseline Programme to establish the impact upon completion.

34 Appendix
35 See also Section 3.11 of this document
36 Sub-Clause 44.1(c) – as altered by Conditions of Contract Part II

37 Appendix

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6 Mitigation

Throughout the project the Contractor has used its best endeavours to progress the
works in a professional and workmanlike manner and has adopted the following
measures in order to mitigate delays: -

¾ Re-planned and re-sequenced the Work.

o Fabrication of skylight commenced prior to approval of shop
drawings.
o Removal of tower cranes re-sequenced.

It should be noted that, in accordance with the Conditions of Contract, the

Contractor is not obligated to expedite the rate of progress of the Work where
delays are attributable to the Employer, as set out in the following Sub-Clause,
reproduced here in part: -

46.1 If for any reason, which does not entitle the Contractor to an extension of
time, the rate of progress of the Works or any Section is at any time, in the
opinion of the Engineer, too slow to comply with the Time for Completion,
the Engineer shall so notify the Contractor who shall thereupon take such
steps as are necessary, subject to the consent of the Engineer, to expedite
progress so as to comply with the Time for Completion. The Contractor
shall not be entitled to any additional payment for taking such steps.

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7 Entitlement

As a consequence of the various delaying events highlighted in Section 4 of this

document, the Contractor has been delayed in the completion of the Works for a
period beyond the completion date. Based on the studies contained herein38 the
Contractor considers that it is entitled to an ?? day extension of the Time for
Completion.

The Contractor has demonstrated the following entitlement for an extension of

the Time for Completion: -

Extension Date for Completion

Of Time Contract Revised
Milestone

1 Hand over Retail Areas to Tenants ?? Days 12 Sep ’09 ??

2 Hand over Complete Project ?? Days 12 Jan ‘10 ??

38 Refer Section 5 of this document

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