Repugnancy of an Exclusion Clause: May be ignored if it nullifies another positive clause (Mumbai Metropolitan Region Development Authority v. Unity Infraprojects Ltd.).

Dresser Rand Principle: Preliminary documents not confused with actual contract unless explicit connection.

4.2 "Red Flag" Clauses (Common Areas of Concern)

Time Provisions
Site availability & access
Differing Site Conditions
Escalation provisions
Measurement & Payment provisions
Taxes, duties & changes in legislation
Quantity Variation & Changes (leads to claims for loss of profit from de-scoping)
Suspension & Termination
Delays & Extension of Time (EOT) (battleground for prolongation claims)
Liquidated Damages (LD)
Claims & Dispute Resolution
Insurance & Guarantees provisions
Indemnification Clauses
Exculpatory Clauses

5. Project Delays

5.1 "Time is of the Essence"

Mere clause insufficient; look at entire contract & surrounding circumstances (WELSPUN SPECIALTY SOLUTIONS).
To reinstate for extended period: Fair EOT, clear LD intention, agreement for "time is of essence" in new period.

5.2 Concurrent Delays

Definition: Two or more independent delay events (Employer Risk & Contractor Risk) simultaneously impacting critical path.
Prerequisites: Independent events, critical path impact, one not causing other, same measurement period.
Legal Approach (Malmaison Principle): Contractor gets EOT but no cost compensation for concurrent period (Henry Boot Construction v Malmaison Hotel).
Contractual Provisions:
- CPWD 2022: EOT but no damages.
- FIDIC 2017: Assesses EOT based on Special Provisions or "due regard of all relevant circumstances."
Distinction: Not sequential delays, not pacing delays (contractor slows to match employer delay).

6. Comprehensive Contractor Claims

6.1 Prolongation (Delay-Linked) Claims

Definition: Compensation for additional costs due to employer-caused delays extending project completion.
Cost Components:
- Extended Period Escalation: Increased material/labor costs.
  - Formula: $0.8 \times IC \times P \times (PIC - PIT) / PIT$.
  - "Frozen index" for contractor-caused portion of mixed delays.
- Site Overheads: Time-related site costs (staff, rentals, utilities).
  - Proof of actual costs preferred; formulas (Hudson, Emden) as estimates.
- Head Office Overheads: Corporate overheads attributable to extended project.
  - Formulaic approach (e.g., Akeley's formula using company's overall overhead % from financials).
- Loss of Profit:
  - Profit on overheads incurred during prolongation (contract-specified % or company's profitability).
  - Loss of opportunity (remote loss, generally not recoverable unless specific proof).
  - Loss of profit from de-scoping (if employer reduces scope).
- Other Costs: Interest/Financing Charges, Claim Preparation Costs, Bank Guarantee (BG) extension costs.

6.2 Disruption Claims

Definition: Compensation for l