Civil Engineering Reference
In-Depth Information
12.9 Under MPF 03
12.9.1 Clause 21
The full text of the clause is as follows:
21
Loss and/or expense
21.1 No Change or matter that is required by the Contract to be treated as giving
rise to a Change shall, either individually or in conjunction with other
Changes, give rise to an entitlement to be reimbursed loss and/or expense
under clause 21.
21.2
Subject to clause 21.1 the only matters for which the Employer will be liable
to the Contractor in respect of loss and/or expense are:
21.2
.1
a breach or act of prevention on the part of the Employer or its repre-
sentative or advisors appointed pursuant to clause 15.2, other than any
matters or actions that are expressly permitted by the Contract and that
are stated not to give rise to a Change;
21.2
.2
interference with the Contractor's regular progress of the Project by
Others on the Site;
21.2
.3
the valid exercise by the Contractor of its rights under section 112 of
HGCRA 1996.
21.3 As soon as the Contractor becomes aware that the regular progress of the
project is or is likely to be materially affected as a consequence of any of
the matters set out in clause 21.2 so as to cause loss and/or expense to be
incurred it shall notify the Employer. The Contractor shall take all practic-
able steps to reduce the loss and/or expense to be incurred.
21.4 The Contractor shall provide to the Employer its assessment of the loss and/
or expense incurred or to be incurred as a consequence of any matter
notified in accordance with clause 21.3 together with such information as
is reasonably necessary to enable the Employer to ascertain the loss and/or
expense incurred. Such assessment and information shall be updated at
monthly intervals until such time as the Contractor has provided all of the
information that is reasonably necessary to allow the whole of the loss and/
or expense that has been incurred to be ascertained.
21.5 Upon receipt of any information referred to by clause 21.4 regarding loss
and/or expense that has been incurred the Employer shall within 14 days
notify the Contractor of its ascertainment of the loss and/or expense in-
curred, that ascertainment being made by reference to the information
provided by the Contractor and being in sufficient detail to permit the
Contractor to identify any differences between it and the Contractor's as-
sessment of the loss and/or expense incurred.
21.6 No later than 42 days after Practical Completion of the Project the contractor
shall provide the documentation in support of any further ascertainment it
considers should be made in respect of any matter notified in accordance
with clause 21.3. Within 42 days of receipt of such documentation the
