NA-MASHPEE HIGH SCHOOL PROJECT MANAGEMENT

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MEMORANDUM CCW��/(M Project Site Office Tel 508 4777557 Fax 508 477 4184 Mashpee High School Project Management To High School Building Committee Page 1 of 3 Attn. Mr. Paul Griffin, Chairman FroIan Aitchison Dat 11th June 1996 Re Opinion: Due Completion of the Contract and Opening of the School The following is Chartwell's opinion on the probability of Stone completing the Contract within the time permitted by the Contract and of the related probability of the building being available for the purpose intended at the opening of the academic year 1996/97. In reviewing this matter we first considered the contractual position, followed by an assessment of the present status of construction and the likely practical measures necessary to the achievement of beneficial occupancy within the required time frame. 1. Contractual Position Pursuant to the Agreement between the Town. and Stone, substantial completion of the Academic Block is due on 23rd July 1996; the remainder of the building is due on 24th August 1996. Stone continues to maintain that, with a few noted exceptions, it will achieve substantial completion of the Academic Block by the due date. Stone has verbally intimated that it will not be in a position to hand-over the remainder by 24th August 1996, although its most recent CPM schedule continues to show this date. If Stone fails to achieve substantial completion by the due dates, then Stone will be in breach of the provisions of Clause 8.2.3 of the Contract Conditions. Should one or more breach occur, Liquidated Damages will become due unless Stone can prove an entitlement to an extension to the time for performance. In addition, by virtue of the provisions of Clause 8.2.9 of the Contract Conditions, and subject to the opinion of Town Counsel, the Town may seek to recover general damages for consequential loss such as the additional expense to which the Town may be put in providing temporary accommodation pending the satisfactory completion of the new school building. In this regard, we would recommend that Stone .should not be given the impression that a relaxation of the Contract is under consideration. Given the present state of completion, the chances of the Academic Block being substantial) complete b 23rd Jul 1996 are slim. The chances of the remainder f Y P Y Y de o the building being substantially complete by 24th August 1996, are even more remote. Accordingly, the question of occupation of the building for the first semester of the academic year 1996/97 is a matter of doubt.