Civil Engineering Reference
In-Depth Information
Letter 170
To architect, who alleges that contractor is not using best endeavours
This letter is not suitable for use with MW or MWD.
Dear
Clause 2.28.6.1 [
substitute '2.19.4.1' when using IC or ICD, '2.25.6' when
using DB or '36(6)' when using GC/Works/1 (1998)
] of the conditions of contract
requires us to use our best endeavours to prevent delay. Your allegation in
[
state where and date, e.g.: minute no. 7.4 of the site meeting held on the 3 September
2007
] that we are failing to carry out our duties in this respect is totally
without foundation. Our obligation to use best endeavours is simply an
obligation to continue to work regularly and diligently, rearranging our labour
force as best we can. This we have done and we are continuing so to do. There
is no obligation upon us to expend additional sums of money to make up lost
time. If that was the case, the extension of time clause would be otiose.
If you purport to reduce, on grounds of failure to use best endeavours, our
entitlement to an extension of time, we will take immediate and appropriate
advice on the remedies available to us.
Yours faithfully
