Civil Engineering Reference
In-Depth Information
(b)
the regular progress of the Works or part of the Works being materially
affected by any one or more of the matters referred to in clause 4.12,
then the Architect/the Contract Administrator shall ascertain, or shall
instruct the Quantity Surveyor to ascertain, such loss and expense
incurred and the amount thereof shall be added to the Contract Sum
provided that the Contractor shall in support of his application submit
such information required by the Architect/the Contract Administrator
or the Quantity Surveyor as is reasonably necessary for the purposes of
this clause 4.11.
The provisions of this clause 4.11 are without prejudice to any other
rights or remedies which the Contractor may possess.
Matters referred to in clause 4.11
4.12 The following are the matters referred to in clause 4.11:
4.12.1
.1 where an Information Release Schedule has been provided, failure of the
Architect to comply with clause 1.7.1;
4.12.1.1
.1
failure of the Architect to comply with clause 1.7.1;
4.12.2
the opening up for inspection of any work covered up or the testing of any
of the work, materials or goods in accordance with clause 3.12 (including
making good in consequence of such opening up or testing), unless the
inspection or test showed that the work, materials or goods were not in
accordance with this Contract;
4.12.3
the execution of work not forming part of this Contract by the Employer
himself or by persons employed or otherwise engaged by the Employer as
referred to in clause 3.11 or the failure to execute such work;
4.12.4
the supply by the Employer of materials and goods which the Employer
has agreed to supply for the Works or the failure so to supply;
4.12.5
the Architect's/the Contract Administrator's instructions under clause
3.15 issued in regard to the postponement of any work to be executed
under the provisions of this Contract;
4.12.6
failure of the Employer to give in due time ingress to or egress from the site
of the Works, or any part thereof through or over any land, buildings, way
or passage adjoining or connected with the site and in the possession and
control of the Employer, in accordance with the Contract Documents after
receipt by theArchitect/the Contract Administrator of such notice, if any, as
the Contractor is required to give, or failure of the Employer to give such
ingress or egress as otherwise agreed between the Architect/the Contract
Administrator and the Contractor;
4.12.7
the Architect's/the Contract Administrator's instructions issued under
clauses
1.4
(Inconsistencies)
or
3.6
(Variations)
or
3.8
(Provisional sums)
except, where the Contract Documents include bills
of quantities, for the expenditure of a provisional sum for defined
work included in such bills,
