Civil Engineering Reference
In-Depth Information
the management contractor disregards the architect's dissent, he may
find that his own application for extension, based on the same facts,
would be refused. It does not invariably follow, of course, that an
extension of time under the works contract confers a right to an exten-
sion under MC 98. However, clause 2.13.2 states that such a relevant
event becomes a project extension item and, therefore, the management
contractor has a basic case for an extension of time for the project
whether the architect dissents or not. As with every delay, the manage-
ment contractor has to decide whether he is convinced that he is correct.
If so, he must give the extension of time to the works contract and
notify the architect, if appropriate under clause 2.12.1. It is then for the
architect properly to carry out his duty.
10.7 Extension of time position under TC/C 02
10.7.1 Clauses 2.2-2.5
The full text of clauses 2.2-2.5 is as follows:
Delay - extension of the Works Contract time
Written notice by the Trade Contractor
2.2
.1
If and whenever it becomes reasonably apparent that the commence-
ment, progress or completion of the Works or any part thereof is being
or is likely to be delayed, the Trade Contractor shall forthwith give
written notice to the Construction Manager of the material circumstances
including, insofar as the Trade Contractor is able, the cause or causes of
the delay and identify in such notice any event which in his opinion is a
Relevant Event as described in clause 2.5.
Particulars, estimates and further written notices
2.2
.2
In respect of each and every Relevant Event identified in the notice given
in accordance with clause 2.2.1, the Trade Contractor shall, if practicable
in such notice, or otherwise in writing as soon as possible after such
notice:
2.2.
2.
1 give particulars of the expected effects thereof; and
2.2
.2
.2
estimate the extent, if any, in the expected delay in the completion of
the Works beyond the Completion Period resulting therefrom
whether or not concurrently with delay resulting from any other
Relevant Event; and
2.2
.2
.3 give such further written notices to the Construction Manager as may
be reasonably necessary or as the Construction Manager may reason-
ably require for keeping up to date the particulars and estimate
referred to in clause 2.2.2.1 and 2.2.2.2 including any material change
in such particulars or estimate.
