Civil Engineering Reference
In-Depth Information
10.5.2 Significant differences
Although in structure and wording this extension of time provision is
clearly based on clause 25 of JCT 98, there are some important differences
as follows:
(1) The contractor must review progress whenever the architect considers it
to be reasonably necessary under clause 2.5.5. It is not quite clear what is
intended and the clause goes into no detail. The architect's right to have a
review carried out does not depend on the contractor's notice of delay
under clause 2.5.1. The clause stipulates that the review must be carried
out with the architect. Therefore, there is no question of the contractor
simply submitting aprogress report. Theymust sit down together. During
the review the architect may come to a conclusion about the amount of
additional resources necessary to maintain progress. This clause does not
actually give the architect power to accelerate theworks. Indeed, it simply
states that the cost of such additional resources
would
(presumably if used)
be included in the prime cost. The key to this strangely worded provision
lies in the philosophy of this particular contract. It is based on a rough
estimate of cost for known work and contractors tender on the basis of
recovery of the whole of the prime cost of the work together with a sum to
represent overheads and profit. The architect must issue instructions for
the carrying out of all work including work in the original specification
and/or drawings. It seems that, under clause 3.3.2, he can instruct the
contractor to employ additional resources on the job. Clause 2.5.5 makes
clear that, in such an instance, the employer pays in the usual way. This
clause must be read in conjunction with clause 1.5 which requires the
contractor to carry out the work as economically as possible in all the
circumstances, taking care not to engage more personnel than reasonably
required. Seen in context, clause 2.5.5 provides a useful tool to enable the
architect to reviewand improve the progress of thework if the contractor's
original allowance is thought to be too low.
(2) Express provision is made for the architect to extend time for employer
delay relevant events which occur after the completion date, but before
practical completion. This particular provision is absent from JCT 98,
but present in somewhat abbreviated form in IFC 98.
(3) Although compliance with architect's instructions is a relevant event,
instructions given to carry out work described in the specification or
shown on the contract drawings are excluded to allow for the fact that
the architect must instruct all work (see (1) above).
10.6 Extension of time position under MC 98
10.6.1 Clauses 2.12-2.14
The full text of clauses 2.12-2.14 is as follows:
