Civil Engineering Reference
In-Depth Information
or, to the extent provided therein, under clause
3.3
(Named sub-contractors);
4.12.8
the execution of work for which an Approximate Quantity is included in
the Contract Documents which is not a reasonably accurate forecast of the
quantity of work required;
4.12.9
compliance or non-compliance by the Employer with clause 5.7.1.
4.12.10 suspension by the Contractor of the performance of his obligations under
this Contract to the Employer pursuant to clause 4.4A provided that the
suspension was not frivolous or vexatious;
4.12.11 save as provided for in clauses 4.12.1 to 4.12.10 any impediment, preven-
tion or default, whether by act or omission, by the Employer or any person
for whom the Employer is responsible except to the extent that it was
contributed to by any default, whether by act or omission, of the Con-
tractor or his servants, agents or sub-contractors.
12.3.2 Main points
It will be seen that these clauses are essentially a version of clause 26 of JCT
98. The basic features remain:
. The requirement for a written application from the contractor as a starting
point
. The architect to form an opinion as to whether the contractor has incurred
or is likely to incur direct loss and/or expense
. The architect, or the quantity surveyor if so instructed, to ascertain the
amount of the loss and/or expense
. The contractor to provide such information 'as is reasonably necessary' to
achieve the end envisaged by the clause
. The right of the contractor to reimbursement under the contract is limited
to deferment of possession of the site or specified causes materially
affecting the regular progress of the works.
IFC 98 contains no equivalent of clause 34.3 of JCT 98 dealing with the
discovery of antiquities.
12.3.3 Significant differences
Provision of information
It is not clear whether or not the obligation of the contractor to provide
information in support of his application is subject to any request from the
architect or quantity surveyor. The words 'required by' at first sight may
appear to mean 'needed by', but the words may also mean 'demanded by'.
If the contractor is to recover under the clause he must provide whatever
information is 'reasonably necessary' to enable the architect and/or the
