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Summary

The requester inquired about potential liquidated damages for a delayed contractor and reasons for work stoppages, including weather claims. The Department of Infrastructure confirmed that while the contract allows for damages, none have been applied yet, and no weather-related compensation events have been triggered.

Key Facts

• The contract permits liquidated damages if the contractor finishes after the completion date.
• To date, liquidated damages have not been applied as the delay has not reached the completion date threshold.
• No compensation events related to weather measurements have been triggered.
• Work stoppages may occur due to unforeseen ground conditions or buried utility infrastructure.
• The contractor attempts to mitigate time loss by continuing work in other areas when prevented from working in specific zones.

Data Disclosed

• 1177851
• 2020-02-12
• 2020-02-14
• 14 February 2020
• 12 February 2020
• IM1 2RF
• 01624 686785

Original Request

Due to the contractor being significantly behind the original contract time line will liquidated damages be applied if the current position delay remains at the end of the Contract Has the operator claimed full or half days when they couldn't work mainly due to weather and can you specify other reasons why they couldn't work

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team/DW/MF Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 1177851 14 February 2020

Dear ###

We write further to your request which was received on 12 February 2020 and which states:

"Due to the contractor being significantly behind the original contract time line will liquidated damages be applied if the current position delay remains at the end of the Contract Has the operator claimed full or half days when they couldn't work mainly due to weather and can you specify other reasons why they couldn't work"

Our response to your request is as follows: 1. The contract allows for liquidation damages to be applied in the event that the contractor completes the work later than the completion date. To date, this has not occurred. 2. (i) A Compensation Event related to weather measurements will only be triggered should the base information specified in the contract be surpassed.
To date, this has not occurred. (ii) There are a number of reasons why the Contractor may have been prevented from working in a certain area (unforeseen ground conditions, buried utility infrastructure etc). In these circumstances, the Contractor attempts to mitigate its loss of time by continuing work in other areas.

Please quote the reference number 1177851 in any future communications.

Your right to request a review

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An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are

dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact us. Further information about freedom of information requests can be found at www.gov.im/foi. We will now close your request as of this date.

Yours sincerely

FOI Response Team