Civil Engineering Reference
In-Depth Information
Failure to agree Contractor's estimates
17.3
If agreement cannot be reached within 5 working days of receipt by the
Architect of the Contractor's estimates on all or any of the matters set out in
them, then
(a)
the Architect may nevertheless instruct the Contractor to comply with
the instruction in which case the provisions of Clause 17.5 shall apply as
if the Architect had dispensed with the Contractor's obligation under
Clause 17.1; or
(b)
the Architect may instruct the Contractor not to comply with the
instruction.
Instruction not to comply
17.4 If the Architect instructs the Contractor not to comply under Clause 17.3(b),
the Contractor shall have no claim arising out of or in connection with such
instruction or with any failure to reach agreement.
Valuation if no agreement of estimates
17.5 The Architect may, by notice to the Contractor before or after the issue of
any instruction, dispense with the Contractor's obligation under Clause
17.1, in which case the Architect shall, within a reasonable time after the
issue of such instruction, ascertain and certify a fair and reasonable adjust-
ment to the Contract Sum based on (where appropriate) the Schedule of
Rates in respect of compliance by the Contractor with such instruction and
any loss and/or expense suffered or incurred by the Contractor arising out
of or in connection with it and a fair and reasonable extension of time shall
be granted under Clause 11.6.
Non-compliance by Contractor
17.6
If the Contractor fails to comply with any one or more of the provisions
of Clause 17.1 where the Architect has not dispensed with compliance under
Clause 8.3 or Clause 17.5, the Architect shall have no power or authority to
make, and the Contractor shall not be entitled to, any addition to the
Contract Sum in respect of any instructions issued by the Architect to
which this Clause 17 relates on any certificate issued under this Agreement
prior to the Final Certificate. Such addition shall not in any such event
include any adjustment in respect of loss of interest or financing charges
suffered or incurred by the Contractor prior to the issue of the Final Certifi-
cate.
15.3.2 Commentary
Only compliance with architect's instructions relating to the following
matters may give rise to payment:
(1) Opening up of work for inspection or testing (clause 8.1(c)), where such
inspection and testing is in the contractor's favour.
(2) Additions, alterations or omission of any obligations or restrictions to
working space or working hours, access to the site or parts of the site
(clause 8.1(d)).
