Civil Engineering Reference
In-Depth Information
deal with each delay as a separate item. The particulars and estimate must
be 'reasonably sufficient' to enable the architect to form a judgment: see
clause 25.3.1.
' . . . give such particulars and estimate to any Nominated Sub-Contractor'
-
A copy of the contractor's particulars and estimate must be given to any
nominated sub-contractor to whom a copy of the original notice was given
under clause 25.2.1.2.
' . . . shall give such further written notices'
- The contractor must, by the
terms of clause 25.2.3, keep each notice of delay under review and revise his
statement of particulars and estimate and/or give whatever further notices
'may be reasonably necessary or as the architect may reasonably require'.
Notice that the duty extends to 'any material change' in the particulars, etc.
The contractor must keep the architect up to date with developments as they
occur and the contractor's duty is not dependent upon the architect's
request. The architect's time limit for dealing with applications for delay
only starts to run when he has received 'reasonably sufficient particulars
and estimates' from the contractor: see clause 25.3.1. The clear intention of
these provisions is to provide the architect with sufficient information
reasonably to form his own judgment on the matter. He may not have
been on the site at the time of the delay, though he must use whatever
records he has as well
442
.
' . . . copy to any Nominated Sub-Contractor'
- This is self-explanatory:
affected nominated sub-contractors must also be kept informed.
' . . . If, in the opinion of the Architect'
- It is entirely for the architect to
decide whether, in his opinion, a delay in the contract completion date is
likely to occur or has occurred and also whether the cause of delay is one of
those listed in clause 25.4 and therefore one for which he should grant an
extension.
Once the architect is notified by the contractor of delay, it is for him to
monitor the position. The position has been summarised neatly:
'Clause 23 imposes on the architect the duty of considering whether
completion of the works is likely to be or has been delayed beyond the
date for completion by way of the causes there set out and if it has
whether any and if so what extension should be granted. That duty is
owed both to the contractor and the building owner. The architect is
entitled to rely on the contractor to play his part by giving notice when
it has become apparent to him that the progress of the works is delayed. If
the contractor fails to give notice forthwith upon it becoming so apparent
he is in breach of contract and that breach can be taken into account by
the architect in deciding whether he should be given an extension of time.
But the architect is not relieved of his duty by the failure of the contractor
to give notice or to give notice promptly. He must consider independ-
ently in the light of his knowledge of the contractor's programme and the
progress of the works and of his knowledge of other matters affecting or
442
London Borough of Merton
v.
Stanley Hugh Leach Ltd
(1985) 32 BLR 51.
