Civil Engineering Reference
In-Depth Information
time period in which to make his decision whether it is positive or negative.
If it is not reasonably practicable for him to make a decision in the time
available, even if that decision is ultimately going to be to decline the
extension of time, it appears that such decision will be postponed until
clause 25.3.3 applies.
'After the first exercise'
- Clause 25.3.2 is much misunderstood. After the
first extension of time that he gives or after a revision to the completion date
stated in a confirmed acceptance of a clause 13A quotation or the contract-
or's price statement under clause 13.4
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, the architect can use his powers
under the clause. He cannot, in any case, fix any earlier date than the
original completion date: clause 25.3.6. But if he has issued instructions
which result in the omission of work or obligations under clause 13.2 or
under clause 13.3 in regard to provisional sums for defined work or for
performance specified work, he is entitled to take this into account and fix a
completion date earlier than that previously fixed under clause 25 if in his
opinion the fixing of such earlier completion date is fair and reasonable
having regard to those instructions. Some commentators take the view that
this is in conflict with clause 25.3.1.4. already discussed. The architect can,
under clause 25.3.1.4, reduce extensions previously granted and even extin-
guish them completely so as to return to the original date for completion,
but he can fix no earlier date than that, no matter how much work or
obligations he omits. Under clause 25.3.2 he can only reduce extensions of
time on account of omissions of work etc. instructed since he last granted an
extension. Each extension is deemed to take into account all omissions
instructed up to the date of the extension.
Clause 25.3.2 used to restrict the architect's right to fix an earlier comple-
tion date to those situations where he had issued variation instructions
omitting work, so that variation instructions requiring the omission of
obligations or restrictions (see clause 13.1.2) and provisional sum
instructions under clause 13.3 requiring omissions of work, obligations or
restrictions gave no grounds for the operation of clause 25.3.2. This lacuna
seems to have been unintentional and the original wording has been re-
placed by 'having regard to any instructions'.
If architects wish to take advantage of this power to reduce extensions
previously granted on account of omissions of work or obligations, it is
suggested that they should take the decision and notify the contractor at the
earliest possible moment - preferably when issuing the instruction - and not
leave it until they next give an extension of time. The reason for this is that
experience suggests that architects have tended to be conservative in giving
extensions of time, knowing that they can, at the end of the day, grant a little
more time: see below. To err too much in the direction of parsimony - and to
be unrealistic in considering the effect of omissions - is not good contract
practice. It should be noted that the architect's powers under clause 25.3.2
are not dependent upon the contractor's notice of delay.
454
See Chapter 13, section 13.5.2.
