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Summary of ProActive/Berkeley contract

Contract start date: June 4, 2001Percentage of Work completed, based on original contract (Works Ministry?s latest valuation in July 2004): 81Percentage of Work completed, based on original contract (ProActive?s valuation, July 2004): 84Settled claims by ProActive against Government for cost and time implications of work order, design and other changes.

ProActive/Berkeley contract: Facts and figures

Contract start date: June 4, 2001

Original Completion date: September 2003

Original Contract Sum: $68,164,851

Revised Contract Date: September 2004

Revised Contract Sum: $81 Million

Percentage of Work completed, based on original contract (Works Ministry?s latest valuation in July 2004): 81

Percentage of Work completed, based on original contract (ProActive?s valuation, July 2004): 84

@EDITRULE:

February agreement

Settled claims by ProActive against Government for cost and time implications of work order, design and other changes.

Agreed a revised contract date and added $13 million to the contract price of which about $7 million was paid immediately.

Government also agreed to pay ProActive $388,000 a month, but, according to ProActive, portions of this amount were withheld every month.

Other issues to be settled by arbitration:

1. ?Compensation properly due and payable to the Contractor arising from the requirement to adjust the bill of Quantities.

2. ?The claim brought by the Contractor in respect of reimbursement of premiums and any deductibles required under any insurance claim for Contractors? All Risk Insurance.?

@EDITRULE:

ProActive told Government in June/July that there would be further claim for an extension of time (six to eight weeks) as a result of changed work schedule occasioned by mistakes by Ministry?s staff.

August 2: ProActive writes to the Ministry asking for a meeting to hammer out a new construction schedule based on changes.

Contract termination date: August 24.