Civil Engineering Reference
In-Depth Information
Notice of Claim
7.2 Upon it becoming reasonably apparent that any event giving rise to a claim
under Clause 7.1 is likely to occur or has occurred, the Contractor shall
immediately give notice to the Architect of such event and shall, on presen-
tation of his interim application pursuant to Clause 16.1 next following the
giving of such notice, submit to the Architect an estimate of the adjustment to
the Contract Sum which the Contractor requires to take account of such
damage, loss and/or expense suffered or incurred by him in consequence
of such event prior to the date of submission of his estimate.
Submission of estimates
7.3 Following the submission of an estimate under Clause 7.2, the Contractor
shall, for so long as the Contractor suffers or incurs loss and/or expense in
consequence of such event, on presentation of each interim application pur-
suant to Clause 16.1, submit to the Architect an estimate of the adjustment to
the Contract Sum which the Contractor requires to take account of such
damage, loss and/or expense suffered or incurred by him since the submis-
sion of his previous estimate.
Agreement of estimates
7.4 Any estimate submitted by the Contractor pursuant to Clause 7.2 or 7.3 shall
be supported by such documents, vouchers and receipts as shall be necessary
for computing the same or as may be required by the Architect. Within 20*
working days of receipt of any such estimate duly supported as aforesaid, the
Architect shall give notice of acceptance or rejection of the said estimate. If the
estimate is accepted the Contract Sum shall be adjusted accordingly and no
further or other additions or payments shall be made in respect of the
damage, loss and/or expense suffered or incurred by the Contractor during
the period and in consequence of the event in question.
Failure by Contractor to submit estimates
7.5
If the Contractor fails to comply with the provisions of Clause 7.2 or 7.3, then
the Architect shall have no power or authority to make, and the Contractor
shall not be entitled to any adjustment to the Contract Sum in respect of the
damage, loss and/or expense to which such failure relates on any certificate
issued under this Agreement prior to the Final Certificate. Such adjustment
shall not in such event include an addition in respect of loss of interest or
financing charge suffered or incurred by the Contractor between the date of
the Contractor's failure so to comply and the date of the Final Certificate.
15.2.2 Commentary
This clause entitles the contractor to claim reimbursement for any damage,
loss and/or expense which he suffers or incurs in consequence of delays
and disruptions caused by any act, omission or default (save architect's
instructions) of the employer or the architect. Delays and disruptions occa-
sioned by architect's instructions - which are by far the commonest ground
of claim - are dealt with separately by clauses 8 and 17. The provisions of
clause 7 bear some resemblance to the equivalent provisions in the JCT
forms (e.g. JCT 98, clause 26) but that resemblance is only superficial. The
