Civil Engineering Reference
In-Depth Information
deferment of the Date of Commencement (under clause 2.1.2 where that
clause is stated in the Appendix to be applicable) or because the regular
progress of the Works or of any part thereof has been or is likely to be
materially affected by any one or more of the matters referred to in clause
4.22. If and as soon as the Construction Manager is of the opinion that
the direct loss and/or expense has been incurred or is likely to be incurred
due to any such deferment of the Date of Commencement or that the regular
progress of the Works or of any part thereof has been or is likely to be so
materially affected as set out in the application of the Trade Contractor then
the Construction Manager from time to time thereafter shall ascertain the
amount of such loss and/or expense which has been or is being incurred by
the Trade Contractor, provided always that:
4.21
.1
the Trade Contractor's application shall be made as soon as it has
become, or should reasonably have become, apparent to him that the
regular progress of the Works or of any part thereof has been or was
likely to be affected as aforesaid; and
4.21
.2
the Trade Contractor shall in support of his application submit to the
Construction Manager upon request such information as should reason-
ably enable the Construction Manager to form an opinion as aforesaid;
and
4.21
.3
the Trade Contractor shall submit to the Construction Manager upon
request such details of such loss and/or expense as is reasonably neces-
sary for such ascertainment.
List of matters
4.22 The following are the matters referred to in clause 4.21:
4.22
.1
.1 where an Information Release Schedule has been provided, failure
of the Construction Manager to comply with clause 3.2.3;
4.22
.1
.2
failure of the Construction Manager to comply with clause 3.2.4;
4.22
.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 3.9
(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 Trade Contract;
4.22
.3
any discrepancy in or divergence between the Trade Contract Docu-
ments;
4.22
.4
.1
the execution of work not forming part of this Trade Contract by the
client himself or by persons employed or otherwise engaged by him
or the failure to execute such work;
4.22
.4
.2
the supply by the client of materials and goods which he has agreed
to provide for the Works or the failure so to supply;
4.22
.5 Construction Manager's instruction under clause 2.1.5 issued in regard
to the postponement of any work to be executed under the provisions of
this Trade Contract;
