Civil Engineering Reference
In-Depth Information
not later than the expiry of 12 weeks after the date of practical completion
shall, in writing to the Trade Contractor either:
2.3
.1
.1
fix a longer Completion Period than that previously fixed if in his
opinion the fixing of such longer Completion Period is fair and
reasonable having regard to any of the Relevant Events, whether
upon reviewing a previous decision or otherwise and whether or
not the Relevant Event has been specifically notified by the Trade
Contractor under clause 2.2.1; or
2.3.
1
.2
fix an earlier Completion Period than that previously fixed under
clause 2.3 or stated in a confirmed acceptance of a 3A Quotation if in
his opinion the fixing of such earlier Completion Period is fair and
reasonable having regard to the omission of any work or obligation
instructed or sanctioned by him after the last occasion on which he
fixed a new Completion Period; or
2.3.
1
.3
confirm to the Trade Contractor the Completion Period previously
fixed or stated in a confirmed acceptance of a 3A Quotation.
Provided that no decision under clause 2.3.3.1 or clause 2.3.3.2 shall alter
the length of any adjustment to the time required by the Trade Contractor
for the completion of the Works in respect of a Variation for which a 3A
Quotation has been given and which has been stated in a confirmed
acceptance of a 3A Quotation.
2.4 The operation of clauses 2.2 and 2.3 shall be subject to the proviso that:
2.4
.1
the Trade Contractor shall constantly use his best endeavours to prevent
delay in the progress of the Works, howsoever caused, and to prevent the
completion of the Works being delayed beyond the Completion Period;
2.4
.2
the Trade Contractor shall do all that may reasonably be required to the
satisfaction of the Construction Manager to proceed with the Works;
2.4
.3
subject to clauses 3A.2.2 and 3A.3.2.3 no decision of the Construction
Manager under clause 2.3 shall fix a Completion Period shorter than the
Completion Period stated in the Tender.
Relevant Events
2.5 The following are the Relevant Events:
2.5
.1
force majeure;
2.5
.2
exceptionally adverse weather conditions;
2.5
.3
loss or damage occasioned by any one or more of the Specified Perils;
2.5
.4
civil commotion, local combination of workmen, strike or lock-out
affecting any of the trades employed upon the Works or any of the trades
engaged in the preparation, manufacture or transportation of any of the
goods or materials required for the Works;
2.5
.5
compliance with the Construction Manager's instructions
2.5
.1
.1 under clauses 1.12, 1.13 (except for a confirmed acceptance of a 3A
Quotation), 3.21 (except where bills of quantities are included in the
