Civil Engineering Reference
In-Depth Information
4.22
.6
failure of the Construction Manager to give in due time ingress to or
egress from the site of the Project or any part thereof through or over
any land, buildings, way or passage adjoining or connected with the site
and in the possession or control of the Client, in accordance with the
Trade Contract Documents, after receipt by the Construction Manager
of such notice, if any, as the Trade Contractor is required to give, or
failure of the Construction Manager to give such ingress or egress;
4.22
.7
instructions requiring a Variation (except for a Variation for which the
Construction Manager has given a confirmed acceptance of a 3A Quota-
tion) or in regard to the expenditure of provisional sums (other than,
where bills of quantities are included in the Trade Contract Documents,
an instruction for the expenditure of a provisional sum for defined work
or an instruction for the expenditure of a provisional sum for Perform-
ance Specified Work);
4.22
.8
compliance with clause 3.18.1 and/or the instructions of the Construc-
tion Manager under clause 3.18.2;
4.22
.9
compliance or non-compliance by the client with clause 5.11.1;
4.22
.10 suspension by the Trade Contractor of the performance of his obliga-
tions under the Contract to the client pursuant to clause 4.11.6 provided
the suspension was not frivolous or vexatious;
4.22
.11 save as provided for in clauses 4.22.1 to 4.22.10 any impediment, pre-
vention or default, whether by act or omission, by the client or any
person for whom the Client is responsible except to the extent that it
was caused by any default, whether by act or omission, of the Trade
Contractor or his servants, agents or sub-contractors.
Relevance of certain revisions of the Completion Period
4.23
If and to the extent that it is necessary for ascertainment under clause 4.21 of
loss and/or expense the Construction Manager shall state in writing to the
Trade Contractor what revision of the Completion Period, if any, has been
made under clause 2.3 in respect of the Relevant Event or Events referred to
in clause 2.5.5.1 and in clauses 2.5.5.2, 2.5.6, 2.5.8, 2.5.12, 2.5.14, 2.5.17 and
2.5.18.
Amounts ascertained
4.24 Any amount from time to time ascertained under clauses 4.21 to 4.23 shall be
added to the Trade Contract Sum or included in the computation of the
Ascertained Final Trade Contract Sum as the case may be.
Reservation of rights of Trade Contractor
4.25 The provisions of clauses 4.21 to 4.23 are without prejudice to any other
remedies or rights of the Trade Contractor under this Trade Contract.
12.8.2 Significant differences
These provisions are strikingly similar to clause 26 of JCT 98 and the
comments on that clause are also applicable here.
