Contract completion date has just lapsed. The Architect (A) did not issue the Certificate of Non-Completion right away. It is likely that the Contractor (C) may need another 10 weeks before substantial completion is possible.

In the last interim payment certification, A has in gross certified 70% of the contract sum of HK$210M with contract retention deducted at a maximum 10%. 2 weeks ago, C has submitted a new interim payment application at a value of total work done at 90% of the original scope of contract and a sum of HK$20,000,000 on contract variation. At the same time, C submitted a notice of substantial completion of the works inviting A for inspection.

To C, all the variations were incurred from the Architect's instructed change in -

(a) curtain wall design from glass size width of 800 mm wide to 1000 mm wide, and

(b) extra 6 numbers of piles from the 30 piles originally outlined in the BD approved piling plan as part of the tender drawings.

The contract adopted the HKIA/HKIS/HKICM Standard Form of Building Contract 2006 (Without Quantities) on lump sum basis (the "Contract"). It includes a soil investigation report with was marked for reference.

Today, A (4th week after original contract completion date) issued an Interim Payment Certificate ("IP") with the followings:-

1. Liquidated Ascertained Damage retention calculated at 4 weeks of delay;
2. Work done at 80% on original scope; and
3. No variation claim.

A did not conducted completion inspection. Provide your answers for the following question:-

(a) Assuming that you are C who wished to argue, among others, on the IP, give your claims with quotes on referenced clauses in the Contract.

(i) monetary claim, and

(ii) time claim.

(b) Provide arguments and the likely defence of A to your proposed claims.