MITA has heard feedback and concerns from many members regarding MDOT’s position on extensions of time (EOT) resulting from cement supply disruptions (MITA bulletin published Thursday, December 8th). MDOT is requiring a waiver releasing rights to additional compensation to be submitted by the contractor to move forward with EOTs without liquidated damages (LDs). If you are not in agreement with MDOT’s position, you may want to consider filing a claim.
The following are the 2020 Standard Specifications for Construction (Std. Specs) steps as we see them related to your submittal of a Request for Time Extension for project schedule delays due to the cement supply disruptions:
Step 1: File Your Request for Time Extension
Submit your EOT request per subsection 108.09.A.
• This EOT request must be specific and solely related to cement supply disruptions.
• Provide all justification/documentation for the delay.
Be attentive to this 14 calendar day submittal timeframe.
Step 2: Engineer’s Response to Request for Time Extension
Per subsection 108.09.A of the Std. Specs., the Engineer has 14 calendar days from receipt of your request for time extension to provide you a written decision. If schedule impacts are confirmed, you should receive a draft Contract Modification and a waiver request letter from the Engineer.
Click here for a copy of MDOT’s waiver request letter template.
Click here for a copy of MDOT’s Waiver and Release form.
Step 3: Contractor Responds
Option A: Contractor Signs and Returns Waiver
Option B: Contractor Does Not Sign and Return Waiver
Per subsection 108.09.A of the Std. Specs., the Contractor has 7 calendar days from receipt of the Engineers written decision to notify the Engineer in writing of the Contractor’s intent to file a claim related to any part of the Engineer’s decision. Any claims must be filed per Std. Specs. subsection 104.10.
Be attentive to all response and submittal timeframes.