Hindrance Register & Extension of Time Calculator (India, CPWD)

About the Hindrance Register & Extension of Time Calculator (India, CPWD)

Keep the hindrance register of a works contract in the columns of the CPWD Works Manual’s proforma: the nature of each hindrance, the items of work it held up, the dates of start and removal, the overlapping period, the net hindrance in days, its weightage and the net effective days. The register works out the overlaps for you, counts hindrances that are still continuing up to the register’s date, adds up the net effective delay and shows the extension it amounts to, with the new completion date.

Each hindrance also shows the last day to apply: under clause 5 of the CPWD conditions the contractor’s request must reach the authority within fourteen days of the event. From the register the tool drafts the application for extension of time in the form of Part I of appendix 29 of the Works Manual, with a covering letter and the time for extra work under clause 12.1. The free preview runs the register and its working on all your entries, and shows the register and the application as marked page images; a Premium pass unlocks the PDFs and the Excel register. Private contracts can keep the same register under their own extension-of-time clause.

Common uses

• Contractors on CPWD, state PWD, railway and other government works keeping the register and applying for extension of time on time.
• Assistant and executive engineers working out overlaps and net effective days for an extension case.
• Private owners and project managers keeping a delay register under the contract’s own extension clause.
• Arbitration and claims teams rebuilding the delay record of a completed work.

How the register works out the delay

• Days of a hindrance = date of removal − date of start. Tick count both days if your department counts the day of removal too. A hindrance not yet removed is counted up to the register’s as on date.
• Overlapping period = the days of a hindrance already covered by hindrances that started earlier (on the same day, by a lower serial number). Time is counted once, however many hindrances run at the same time.
• Net hindrance = days − overlapping period.
• Net effective days = net hindrance × weightage ÷ 100.
• Extension for the hindrances = the total of the net effective days, rounded up to whole days. The completion date moves by it, after any extensions already given.

Fourteen days to apply

Clause 5 of the CPWD General Conditions of Contract asks the contractor to give notice of an event causing delay at once, to keep using best endeavours to prevent or make good the delay, and to request the extension of time and the rescheduling of milestones in writing within fourteen days of the event, on the prescribed form (clause 5.3). The Works Manual repeats the rule (para 28.2) and says a belated request may still be considered, but only in exceptional cases and for very good reasons (para 28.6). The register shows each hindrance’s last day to apply, and flags requests sent late or not yet sent.

Weightage

Weightage is the share of a hindrance’s time that really delays completion. A hindrance that stops the whole work, or the critical activity, counts 100%; one that holds up a minor item while other work goes on may count less. The Works Manual asks the engineers to record the items of work each hindrance affects and to allow the weightage on that basis (para 28.7). Agree the weightage with the engineer-in-charge as the register is reviewed, not at the end of the work.

Extra work and clause 12.1

When deviations add to the cost, clause 12.1 of the conditions extends the time, on request, in the proportion that the additional cost bears to the tendered value, plus 25% of the time so worked out. The application form works the proportionate time out on the estimated amount put to tender (items 4 and 13). Enter the value of the extra work on the Application tab: the tool works out the proportionate time on the amount you entered on the Work tab and the stipulated period (date of start to date of completion, both days counted), and adds it to the extension, as items 12 and 13 of the form ask. The Change Order Generator keeps the change orders that make up the extra work.

What the Works Manual asks of the department

• The assistant engineer notes each hindrance in the register kept at site as soon as it comes to notice, and reports it to the executive engineer (para 28.7).
• The executive engineer reviews the register at least once a month, works out the overlapping period, the net period and the weightage of each hindrance within fifteen days of its removal, and authenticates each entry.
• Hindrances within the contractor’s control are not entered.
• Based on the register, the engineer-in-charge can grant an extension even without an application (para 28.4).

A contractor who keeps the same register, with the dates and references, can check the department’s working entry by entry.

Liquidated damages and section 55

An extension of time and the levy of compensation for delay are separate decisions. The Works Manual notes that recovering liquidated damages for a delay depends, among other things, on the prior notice that section 55 of the Indian Contract Act, 1872 requires: a party that accepts performance after the agreed time cannot claim compensation for the delay unless it gives notice of its intention to do so when it accepts. Extension letters under clause 5 are therefore issued without prejudice to the right to levy compensation.

Sources

• CPWD Works Manual — section 28 (paras 28.2 to 28.8), the proforma for the hindrance register (annexure to para 28.7) and appendix 29 (form of application for extension of time)
• CPWD General Conditions of Contract — clause 5 (time and extension for delay) and clause 12.1 (extra time for deviations)
• Indian Contract Act, 1872 — section 55

Your contract’s own conditions and the decision of the engineer-in-charge govern the extension actually granted.

Limitations

• Days are calendar days. Working-day calendars, seasonal working and partial-day hindrances are not modelled.
• Weightage is a judgement the tool cannot make for you; enter what the engineer-in-charge agrees.
• The application follows Part I of appendix 29 of the Works Manual. Part II, which the department fills in, is not included.
• Overlaps are counted on dates alone, whichever items of work each hindrance affected.
• Your register is kept in this browser on this device: download a backup to move it or keep it safe.

Privacy

The register is kept in this browser’s storage on your device and never sent to MySmartCoPilot or anyone else. The PDFs and the workbook are made on your device; a backup leaves it only when you download it.