Civil Engineering Reference
In-Depth Information
not have an effect on the completion date must be differentiated from delay
to the completion date:
' . . . had [the architect] directed its mind, when considering the
question whether to grant a second extension of time on the Hydrotite
Ground, to the issue whether the progress of the Works, as opposed to
the activity ''Wall and Floor Finishes'', had been further delayed since the
grant of the first extension of time on the Hydrotite Ground, it could
only have concluded that it had not. It is thus, in my judgment, clear
that in relation to the second grant of an extension of time on the Hydro-
tite Ground [the architect] negligently failed to direct its mind to the
correct issue, and, if it had directed its mind to the correct issue, it
could only have concluded that no further extension of time was appro-
priate
449
.'
' . . . shall in writing . . . give an extension of time'
- The architect must give an
extension of time to the contractor if his conclusions are positive, i.e. if in his
opinion there is a relevant event and that relevant event is likely to delay the
completion of the works.
Having received from the contractor all the requisite information, the
architect's duty is to consider the information provided and to make his
own assessment of the situation as to whether or not an extension should be
granted at that time and, if so, what extension should be granted.
The problem has been put squarely:
'Perhaps the greatest difficulty which may be encountered will be in
deciding whether or not the notice, particulars and estimates, which the
contractor is required to provide, are sufficient for the architect to make
his decision on extending the completion date. This requires close co-
operation between contractor and architect and architects ought to be
decisive in the matter and not use alleged insufficiency of particulars and
estimates as an excuse for delaying the issue of extensions of time'
450
.
In considering this question, the architect will have to take into account any
overlapping of delays resulting from different relevant events and:
'where optional clause 5.3.1.2 is not deleted, the architect will be assisted
by the contractual obligation on the contractor to provide and keep up to
date a master programme for the execution of the works'
451
.
In fact, there is no contractual obligation to provide a master programme.
It is common and sensible practice for the architect to include such a
requirement, and specify the type of programme required, in the bills or
specification, in which case the requirement will become a contractual
449
The Royal Brompton Hospital National Health Service Trust
v.
Frederick Alexander Hammond and Others
(No 7)
(2001) 76 Con LR 148 at 214 per Judge Seymour.
450
The Aqua Group,
Contract Administration for the Building Team
, 8th edition, 1996, Blackwell
Science, p.114.
451
The Aqua Group,
Contract Administration for the Building Team
, 8th edition, 1996, Blackwell
Science, p.114.
