Subject: Proposed Steps to Settle the Onshore Contractor’s Claim No.1 and the Partial Acceleration Cost

References:

[if !supportLists]1. [endif]The officially submitted “Partial Acceleration Plan” dated XX/XX/202X;

[if !supportLists]2. [endif]The Employer’s acknowledgement of the “Partial Acceleration Plan”in Conzol dated XX/XX/202X;

[if !supportLists]3. [endif]The Onshore Contractor’s previous letters subjecting “Partial Acceleration Plan”;

[if !supportLists]4. [endif]The minutes of meetings involving “Partial Acceleration Plan”;

Attachment:

[if !supportLists]1. [endif]The comparison between the planned progress rate in the Baseline Schedule and the actual progress rate during the “Partial Acceleration”implementation;

[if !supportLists]2. [endif]The statistics of the Onshore Contractor’s monthly invested resources for conducting “Partial Acceleration Plan”.

Dear Sir,

Since November 2023, the Onshore Contractor has followed the Employer’s instruction, the Onshore Contractor has devoted himself in accelerating the progress rate in the last seven months to recover the progress lag resulting from all aspects. Hereby the “Partial Acceleration Plan”especially refers to the acceleration for the progress lag resulting from the Employer’s suspension under the event of “Employer’s Biodiversity Survey”.

As early as XX/XX/2023, the Parties via XXXXX,reached an agreement that the Onshore Contractor should prepare a detailed acceleration plan to recover the progress lag generated from all the Parties. Afterwards, the Onshore Contractor organized his personnel internally so as to draft a “Partial Acceleration Plan”. The aforesaid “Partial Acceleration Plan”was officially submitted on XX/XX/202X,which contains the acceleration measures in access road construction, WTG foundation construction, hardstanding construction. Please be kindly noted that such a “Partial Acceleration Plan”solely includes the costs for the Employer caused progress lag, the rest would be digested by the Onshore Contractor.

On XX/XX/202X,in Conzol system, after the Employer’s review, the status of the submitted “Partial Acceleration Plan”was “acknowledged by the Employer”. After that, there was no objection given by the Employer in conducting the “Partial Acceleration Plan”. As per the Onshore Contractor’s understanding, the methodology in the “Partial Acceleration Plan”had been approved, the only pending point was the costs.

Practically, the “Partial Acceleration Plan”was initiated by the Onshore Contractor as early as November 2023, which was even earlier than the officially submission date of the “Partial Acceleration Plan”(XX/XX/202X). At the time of the “Partial Acceleration Plan”submission, the cost was purely prospective cost, to accurately calculate the “Partial Acceleration Plan”actual cost, the monthly invested resources for conducting the “Partial Acceleration Plan” should be a scale-plate to evaluate the actual monthly acceleration cost. On the other hand, the effect of conducting the “Partial Acceleration Plan”can also be visualized by the comparison between the planned progress rate in the Baseline Schedule and the actual progress rate during the “Partial Acceleration”implementation.

To resolve the pending point of “Partial Acceleration Plan”cost, the Onshore Contractor hereby proposes the steps as follows:

Step-1

By submitting the comparison between the planned progress rate in the Baseline Schedule and the actual progress rate during the “Partial Acceleration”(See Attachment-1), the Employer can review and see the fruitful effect of conducting the “Partial Acceleration Plan”.   

Step-2

By submitting the statistics of the Onshore Contractor’s monthly invested resources for conducting “Partial Acceleration Plan”(See Attachment-2) and the actual duration of the acceleration, the Employer can review and verify the Onshore Contractor’s actual monthly invested resources so that later on the Parties are able to finalize the actual invested resources for conducting and actual duration the “Partial Acceleration Plan”.

Step-3

To finalize the above step-1 & step-2, necessary joint meetings are needed for such finalization.

Step-4

After the finalization of the “Partial Acceleration”effect and the actual invested resources, the Parties shall jointly evaluate and finalize the unit price of the sub-items of the “Partial Acceleration Plan”.

Step-5

The Onshore Contractor shall calculate and submit the actual cost for conducting the “Partial Acceleration Plan”based on the finalized actual invested resources for conducting and actual duration. The Employer shall review and determine the final cost.

Step-6

An settlement agreement shall be proposed after the Parties’confirmation of the final cost for the “Partial Acceleration”, which shall settle the dispute over the Onshore Contractor’s Claim No.1 and “Partial Acceleration Plan”.

May the Employer look deeply into the Onshore Contractor’s proposed steps to settle the Onshore Contractor’s Claim No.1 and the “Partial Acceleration Plan”.

Looking forward to the Employer’s positive reply.