Civil Engineering Reference
In-Depth Information
' . . . not later than then expiry of 12 weeks after the date of Practical Completion'
- Clause 25.3.3 sets out the extension of time regime after the completion
date which is quite separate from what has gone before. It gives the architect
the opportunity to make a final decision on extensions of time. Some
commentators believe that in
Temloc Ltd
v.
Errill Properties Ltd
the Court of
Appeal held that the requirement to do so within 12 weeks is not manda-
tory. This is a wrong view of the judgment
455
.
Clause 25.3.3 requires the architect to review the completion date in any
event; and he must do this in light of any relevant events whether or not
specifically notified to him by the contractor. The opening sentence makes it
clear that the architect must take account of any relevant events which have
occurred since the commencement of the contract. It is intended to be the
architect's final opportunity to consider extensions of time. It is at least
arguable, on a strict reading of clause 25.3.3, that the architect can exercise
this power only once. Therefore, if he chooses to do so after the completion
date but before practical completion, it may be that he cannot do it again
afterwards. In practice, an architect will usually wait until after practical
completion to act under this clause.
' . . . shall in writing to the Contractor'
- The wording indicates that the
architect has no discretion; he must write to the contractor and do one of
three things:
(1)
Fix a completion date later than that previously fixed
- He must do this if in
his opinion to do so is 'fair and reasonable having regard to any of the
Relevant Events', i.e. those listed in clause 25.4,
'whether upon reviewing a
previous decision or otherwise'
and 'whether or not the Relevant Event has
been specifically notified by the Contractor'.
(2)
Fix a completion date earlier than that previously fixed
- He must do this if
'in his opinion . . . [it] is fair and reasonable having regard to' any
omission instructions issued since he last granted an extension of time.
(3)
Confirm to the contractor the completion date previously fixed
.
In practice, the architect should write to the contractor soon after practical
completion, reminding him of the 12 weeks period and that the architect has
no power to make any extension of time after the expiry of the period. The
contractor should be given a date by which any final submissions should be
made; this is not the time for the submission of large numbers of weighty
lever arch files.
' . . . the contractor shall use constantly his best endeavours to prevent delay
-
This seems to be no more than an express restatement of the contractor's
common law obligation and reinforcement of the express provisions of the
contract relating to completion and the contractor's obligation to proceed
regularly and diligently. This is a matter which the architect must take into
account when deciding upon extension of time under clause 25. The con-
tractor
shall do all that may reasonably be required to the satisfaction of the
architect to proceed with the works
. This is the contractor's obligation in any
455
See the discussion in Chapter 2, section 2.2 of this Chapter.
