Civil Engineering Reference
In-Depth Information
Letter 167
To architect, if review of extensions not carried out (a)
This letter is only suitable for use with SBC or DB.
Dear
Clause 2.28.5 [
substitute '2.25.5' when using DB
] requires you to either:
1.
Fix a completion date later than that previously fixed, or
2.
Fix a completion date earlier than that previously fixed, or
3.
Confirm the completion date previously fixed.
You must carry out this duty, at latest, within 12 weeks after the date of
practical completion. We are advised that, despite speculation to the contrary,
the time period is mandatory. That period expired on [
insert date
]. You are in
breach of your duty and our obligation now is simply to complete within a
reasonable time. The employer has lost the right to deduct liquidated
damages, because there is no date fixed for completion from which such
damages can run and you have lost your power to fix such a date. Any attempt
to deduct such damages will result in immediate legal action on our part.
Yours faithfully
Copy:
Employer
