Civil Engineering Reference
In-Depth Information
2.14 The Management Contractor shall in accordance with clause 2.3 of the
Works Contract Conditions notify the Architect of any proposed decision
on extensions of the period or periods for completion of a Works Contract in
sufficient time so that the Architect can express in writing to the Manage-
ment Contractor any dissent from the proposed decision before the Man-
agement Contractor is required to notify the Works Contractor of his
decision in accordance with the provisions of clauses 2.3 and 2.4 of the
Works Contract Conditions. If the Architect wishes to dissent from
the proposed decision of the Management Contractor he shall so notify the
Management Contractor in writing before the Management Contractor is
required under the aforesaid clauses of the Works Contract Conditions to
notify the Works Contractor of his decision.
10.6.2 Significant differences
The wording of this clause reflects the structure of the management con-
tract. This clause refers to the project as a whole, but demonstrates the
relationship with the works contracts which together form the project. The
procedures for notifying delays and giving extensions of time are generally
similar in effect to JCT 98 although simpler in expression. The principal
differences are as follows:
(1) The management contractor's obligation to notify the architect comes
into effect if and whenever it becomes reasonably apparent that the
completion date is not likely to be or has not been achieved, not when
progress is likely to be delayed although it probably comes to much the
same thing. The management contractor is to 'advise' the architect and it
is not specified to be in writing although common sense suggests that it
is essential to put every notice in writing.
(2) The management contractor is not required to make any estimation of
the effect of the delay on the completion date.
(3) The architect must give the extension of time 'so soon as he is able'. That
does not mean he can take as long as he wishes and the comments in
section 10.2.2 (2) are relevant.
(4) There is no provision for the management contractor to give, nor the
architect to request, further information. Under this procurement
system, however, it is generally expected that the management con-
tractor will work closely with the architect and the provision of infor-
mation should not be a problem in practice.
(5) The requirement for 'best endeavours' is much more emphatic under
this contract and there is little doubt that it is a condition precedent.
Clause 2.12.1 states quite unequivocally that no extension must be made
for any delay which the management contractor has not used his best
endeavours to avoid or reduce. Note that, on a strict reading of the
clause, failure by the management contractor does not simply reduce
the amount of extension for any particular delay, it totally negates it and
the architect has no power to use discretion in the matter. It remains to
