This bulletin is a follow-up to our October 19th “Cement Supply Disruptions” Are a Real Thing bulletin and is intended as information. MITA recently received notice of MDOT’s position, and their internal documentation provided to their staff, on how they will handle extension of time requests due to recent cement supply disruptions on a project-by-project basis.
The MDOT position is:
The Department will consider non-compensable extensions of time relating to this issue if the contractor agrees to waive its rights to additional compensation, traffic control device adjustments, and/or other relief. As such, all requests for Extensions of Time for controlling operations affected by the cement material supply shortage are due to the Engineer in accordance with the timing requirements of subsection 108.09.A, but in no event later than December 31, 2022. This guidance does not apply to contracts let on or after October 7, 2022.
Once the impact has been confirmed by the Department, the Engineer should provide a draft Contract Modification approving the request with liquidated damages assessed, along with the cover letter and waiver form. If the contractor submits a completed waiver form, then the extensions of time submittal can be approved without the assessment of liquidated damages. MDOT has stated that they will not consider additional compensation for any winter weather protection, heating and housing, etc., related to cement material issues.
Click here for a copy of MDOT’s Waiver and Release form.
Click here for a copy of MDOT’s letter template.