Civil Engineering Reference
In-Depth Information
the contractor may need to get ready to recommence. The wording of clause
25.4.18, by referring to 'delay arising from a suspension', clearly requires the
architect to consider all the delay including remobilisation and not just the
actual period of suspension.
Impediment, prevention or default by the employer: clause 25.4.19
This was added to JCT 98 by Amendment 4 in January 2002. It is obviously
intended as a catch-all clause to avoid any possibility of time becoming at
large due to an act of prevention or the like on the part of the employer.
A saving provision makes clear that this clause does not cover the content of
any of the other relevant events. Therefore, although the employer's failure
to give access is undoubtedly an act of prevention, the contractor cannot
be given an extension of time for that reason under this clause. It also
excludes such part of any act or omission of the employer as was caused
or contributed to by the default of the contractor, his servants, agents or sub-
contractors. The key words in this relevant event seem strange bedfellows.
To impede is to retard or hinder. To prevent is to hinder or stop. A default
has been variously defined. It certainly covers a breach of contract, but it
may go further than that in some circumstances
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.
10.2 Extension of time position under IFC 98
10.2.1 Clauses 2.3-2.5
The provisions of IFC 98, clauses 2.3, 2.4 and 2.5, concerning extensions of
time are as follows:
Extension of time
2.3 Upon it becoming reasonably apparent that the progress of the Works is
being or is likely to be delayed, the Contractor shall forthwith give written
notice of the cause of the delay to the Architect, and if in the opinion of the
Architect the completion of the Works is likely to be or has been delayed
beyond the Date for Completion stated in the Appendix or beyond any
extended time previously fixed under this clause, by any of the events in
clause 2.4, then the Architect shall so soon as he is able to estimate the length
of delay beyond that date or time make in writing a fair and reasonable
extension of time for completion of the Works.
If an event referred to in clause 2.4.5, 2.4.6, 2.4.7, 2.4.8, 2.4.9, 2.4.12, 2.4.15, 2.4.17
or 2.4.18 occurs after the Date for Completion (or after the expiry of any
extended time previously fixed under this clause) but before Practical Comple-
tion is achieved the Architect shall so soon as he is able to estimate the length of
the delay, if any, to the Works resulting from that event make in writing a fair
and reasonable extension of the time for completion of the Works.
482
See
Building Contract Dictionary
, 3rd edition, 2001, Blackwell Publishing, p.119 for a fuller consid-
eration of the term.
