Civil Engineering Reference
In-Depth Information
sary' in order for the architect to make a decision there will be no reason
why the architect cannot estimate the length of the delay in completion
and make his decision quickly.
(9) Under IFC 98 there is no provision for the nomination of sub-contractors.
Instead sub-contractors may be 'named', either in the contract documents
or by instructions for the expenditure of provisional sums. Except that the
sub-contract must be on a prescribed standard form entered into after
specified procedures, such sub-contractors become virtually domestic
sub-contractors. There are no provisions for the certification of payments
by the architect or for direct payment by the employer if the contractor
defaults and there is no provision entitling the contractor to an extension
of time for delay on their part. However, if the sub-contractor defaults in
the performance of his work to the extent that his employment is deter-
mined, the contractor is to notify the architect who must then issue
instructions either, (a) naming a replacement sub-contractor, or (b) in-
structing the contractor tomake his own arrangements for the completion
of the work, or (c) omitting the remaining work, in which event the
employer may make his own arrangements for completion. Whichever
instruction the architect issues, the contractor will be entitled to an exten-
sion of time for the delaying effect of the instruction. If the sub-contractor
determines his own employment because of the contractor's default, the
architect is still to issue an instruction, but such an instruction will not
entitle the contractor to an extension of time.
Similarly, if the contractor finds that he cannot enter into a sub-
contract with a sub-contractor named in the contract documents be-
cause of some problem over the particulars of the sub-contract as set
out in those documents, the architect is to issue instructions either
changing the particulars so as to remove the problem, or omitting the
work or by substituting a provisional sum. Any sub-contractor subse-
quently named would be regarded as having been named in an instruc-
tion for the expenditure of that sum.
Where a sub-contractor is named in an instruction for the expenditure
of a provisional sum, such an instruction will have been issued under
clause 3.8 of the contract. If the instruction causes delay to the comple-
tion date for any reason, therefore, the contractor will be entitled to an
extension of time.
10.3 Extension of time position under MW 98
10.3.1 Clause 2.2
The full text of clause 2.2 is as follows:
Extension of contract period
2.2
If it becomes apparent that the Works will not be completed by the date for
completion inserted in clause 2.1 hereof (or any later date fixed in accordance
