Civil Engineering Reference
In-Depth Information
Use or threat of terrorism: clause 25.4.16
It is thought that the threat would have to be more substantial than just the
fact that other terrorist incidents have occurred in the area. A specific
terrorist threat directed at the project or a threat to an area which, if it was
to be carried out, would affect the project would qualify. The activities of the
relevant authorities which would qualify under this ground would include
such measures as evacuation of premises and the restriction of access. This
ground is not restricted to the site of the works and, therefore, it is likely that
any such threat or action which affected the execution of the works in any
way (such as the forced evacuation or destruction of the contractor's offices)
would give entitlement to extension of time.
Compliance or non-compliance with clause 6A.1: clause 25.4.17
Clause 6A.1 refers to the employer's obligation to ensure that the planning
supervisor carries out his duties under the
CDM Regulations 1994
and, if the
contractor unusually is not the principal contractor under the regulations, to
ensure that he carries out his duties also. The employer's obligation to
'ensure' is onerous. It should be noted that the ground encompasses 'com-
pliance or non-compliance' so that the proper carrying out of duties may
also attract an extension of time. The problem for the employer is that the
planning supervisor has duties under the regulations which he may have to
carry out after the issue of any architect's instruction. Therefore, each
instruction may attract an extension of time under this ground even if it
does not qualify under clause 25.4.5.
Suspension by the contractor of performance of his obligations: clause 25.4.18
This ground is included to comply with the last part of section 112 of the
Housing Grants, Construction and Regeneration Act 1996 which entitles a
contractor to suspend performance of his obligations on 7 days written
notice if the employer does not pay a sum due in full by the final date for
payment. The suspension part of section 112 is dealt with by clause 30.1.4.
This relevant event covers section 112(4) which states:
'(4) Any period during which performance is suspended in pursuance of
the right conferred by this section shall be disregarded in computing for
the purposes of any contractual time limit the time taken, by the party
exercising the right or by a third party, to complete any work directly or
indirectly affected by the exercise of the right.'
The relevant event is more generous than the Act which apparently pro-
vides that if a party suspends performance for 6 days, the effective extension
to the period for completing the work is to be 6 days. This ignores any time
