Tax2013B-CS160927 CD BUILDERS, INC,
General Contractors
September 27, 2016.
VIA EMAIL AT jbrieton@coppelltx.gov
Jamie Brierton- Project Manager
City of Coppell- Engineering & Public Works
P.O. Box 9478
Coppell, Texas 75019
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CPPELL
Project: Reconstruction of Highland Meadow Circle &Edgewood Drive
Re: Request of Status of Weather Delays and the consequently inability to
obtain supplies,materials and Services.
Dear Jamie:
I am writing to you as a follow up to our letter dated of July 26, 2016, wherein we
submit to The City of Coppell consideration of the adverse impact to the critical path
caused by loss of time due to causes beyond the control and without the fault or
negligence of CD Builders, including but not restricted to weather conditions and the
consequently inability to obtain supplies, materials and services when orders for such
supplies and materials were timely made on the above referenced project.
Unfortunately, as of this date we have still not received any further news. It is
important that this situation is quickly brought to a close in case that we need to
provide any other information.
CD Builders demonstrated that the weather actually delayed the critical path
work on the project. As part of this, the City of Coppell should take into consideration
the adverse impact to the critical path caused by loss of time due to causes beyond the
control and without the fault or negligence of CD Builders, including but not restricted
to:
1- weather conditions and;
P.O.Box 1002.Hurst,Texas 76053
Tel.(817)510-6557;Fax.(817) 510-6559
CD BUILDERS, INC,
General Contractors
2- the consequently inability to obtain supplies, materials and services when
orders for such supplies and materials were timely made on the above
referenced project.
The above are excusable Non-Compensable Delays which are delays that are
unforeseeable and beyond the control of CD Builders and for what we should be
entitled to a time extension.
Below follows the effect of the excusable Non-Compensable Delays in the
project:
Weather Conditions
One item concerning weather which is worthy of note, is that CD Builders experienced
additional time delays in terms of the effects of the rains, which were in addition to the
day when it occurred the rain. For example, when CD Builders was doing site work
and it rained, the site became saturated so that CD Builders was unable to work for
maybe two or three additional days to the day that it rained. This situation occurred in
this project because no improvement or treatment of soil subgrades for support of
pavement was considered as part of the contract.
Therefore, the City shall at least take into consideration the rain day requested even
when it could have delayed two or three days been the actual time frame during which
CD Builders was delayed because of the rain day.
Among others,this prevented:
1- Excavations for pipes installation
2- Final Grading
3- Soil Compaction
4- Soil Compaction Tests
5- Installation of reinforcing steel
6- Pour of concrete paving
The consequently inability to obtain supplies,materials and services
The inability to furnish supplies, materials and services justify an extension of the
completion date for a period equal to the length of the delay, which in this case were
caused by rain days. As examples of the supplies, materials and services we include
among others, the following:
P.O. Box 1002,Hurst,Texas 76053
Tel. (817)510-6557;Fax.(817)510-6559
CD BUILDERS, INC.
General Contractors
Concrete
The most common and important material affected by rain is the Concrete. In the event
of rain, among others, the subbase is affected by the ability to condition and compact
the soil and the installation of reinforcing steel.
In addition, as you may know, the demand of concrete material in North Texas is
extremely high because of all the construction projects going on in the area at the same
time. In order for you to have concrete on a project, you need to schedule it with at
least two (2) weeks in advance. This causes that if you needed to cancel a concrete pour
for any reason, in this case rain, you lose your turn and need to reschedule your
concrete, which can sometimes take up to two weeks to schedule.
Landscaping
Landscaping works run into the same problem in wet weather. Wet grass can't be cut to
be delivered to the jobsite. Also, rain turns soil into sludge.
Testing Services
As another example, the City of Coppell who had the duty to provide the testing
services in a sequence that permit CD Builders to finish the work on schedule, couldn't
provide such services during the events of rain because of the soils conditions.
Accordingly, as stated on our July 26th letter, there were 88 rain days during the
duration of the project, which after analyzing its impact to the project schedule (CPM),
resulted on a delay of 52 calendar days.
Therefore, we hereby respectfully request a time extension of 52 calendar days to our
contract completion date to take into consideration the above delays.
All rights, remedies and defenses of CD Builders, Inc., are fully reserved and nothing
herein shall be construed as an admission of liability or waiver of such rights or
defenses.
P.Q.Box 1002,Hurst,Texas 76053
Tel.(817)510-6557;Fax.(817)510-6559
CD BUILDERS, INC.
General Contractors
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge,and that this Declaration was executed at Hurst,Texas.
Respectfully submitted this 27th day of September,2016.
CD Builders, Inc.
7:40-ACci)
Francisco Luyando, PE, MECE
Project Manager
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P,O.Box 1002,Hurst,Texas 76053
Tel. (817)510-6557;Fax (817)510-6559