Extension of time under JCT standard form contracts - Building Contract Claims - page 215

12.8 Except by agreement with the Contractor (including as set out in clauses 13
( Acceleration ) and 19 ( Cost savings and value improvements )), no adjustment to
the Completion Date shall give rise to an earlier Completion Date than one
that has already been notified.
10.8.2 Significant differences
MP 03 is expressed to be intended for use by employers who have in-house
contractual procedures and undertake major projects on a regular basis.
The contract is less detailed than some other standard forms, such as JCT
98. Essentially, this is a contract in which the contractor carries out whatever
design is required beyond what is contained in the Employer's Require-
ments. The contractor is also expected to take on more risk than usual.
Whatever may be the intention of the draftsman, it is the intentions of the
parties as expressed in the contract to which a court must give effect 496 .
The extension of time clause bears a passing resemblance to the equiva-
lent clause in WCD 98. However, there are some significant differences
which should be noted:
(1) The grounds for extension of time are briefer than under clause 25 of
WCD 98. Missing are exceptionally adverse weather conditions, strikes,
lockouts and civil commotion, inability on the part of the contractor to
obtain labour or materials and delays caused by statutory undertakers.
(2) Although there is a requirement that the contractor must notify the
employer of delays due to any cause, therefore including delays which
are due to the contractor's own inefficiencies, the method of notification
is not specified. That is because clause 38 provides that all communi-
cations between the parties must be in writing or by the procedure
stated in the Appendix if electronic communication is agreed to be
acceptable or by any other agreed method.
(3) The contractor is called upon to form an opinion about whether the
delay is one of those in clauses 12.1.1 to 12.1.8. If the opinion is positive,
the contractor must supply supporting information. The clause does not
specify when this information must be provided, but if it is to be
workable, the information must be provided at the same time or very
shortly after the notice. Once the contractor has reached a positive
conclusion, he has no choice in the matter. Clause 12.3.1 is quite specific
that the information must demonstrate to the employer the effect upon
progress and completion. Therefore, if the information, viewed object-
ively, does not do that, the contractor is in breach of his obligations.
(4) Clause 12.3 is important. On receipt of the clause 12.2 notification, the
employer has 42 days in which to notify the contractor of an adjustment
to the completion date or state why the employer considers there should
be no adjustment. Unlike the position under clause 25 of WCD 98, the
trigger for action by the employer is not the receipt of sufficient infor-
496 Schuler A G v. Wickman Machine Tool Sales Ltd [1974] AC 235.