Civil Engineering Reference
In-Depth Information
(e) any act, instruction, default or omission of the Employer, or of the Architect
or of their servants or their agents on his behalf, whether authorised by or
in breach of this Agreement;
(f) failure to comply with their duties under the CDM Regulations with all
reasonable diligence by the Planning Supervisor or the Principal Con-
tractor (in either case if not the Contractor), or a Designer (not being a
Sub-Contractor or Supplier);
(g) discovery of antiquities. Any instruction issued to the Contractor under
clause 14.2
(h) determination or discharge of any sub-contract of the kind referred to in
Clause 9.7 as a result of any breach or repudiation of such sub-contract by
the sub-contractor.
and only then to the extent that the Contractor shall prove to the satisfaction of the
Architect that the taking-over of the Works or of any Section by the date or dates
stated in the Time Schedule is prevented.
Provided that no account shall be taken of any of these circumstances (except
in the case of the circumstances referred to in Clause 11.5 (e)) unless the Contractor:
immediately upon it becoming reasonably apparent that the Taking-Over of the
Works or of any Section is being or is likely to be so prevented, shall have
submitted to the Architect a notice specifying the circumstance or circum-
stances; and
as soon as possible thereafter, shall have submitted full and detailed particulars
of the extension of time to which the Contractor may consider himself entitled;
and
shall have kept such particulars up-to-date by submitting such further particu-
lars which may be necessary or may be requested from time to time by the
Architect;
so as to enable the Architect fully and properly to discharge his duties under
Clause 11.6 at the times specified for the discharge of the same.
Extensions of time
11.6 Either:
(a) so soon as may be practicable, but in any event not later than 60 working
days after receipt of all the particular referred to in Clause 11.5; or
(b) in the case of any act, instruction, default or omission of the Employer,
or of the Architect on his behalf or their servants or their agents
and where the Contractor has failed to provide such particulars, at any
time,
the Architect shall grant to the Contractor such extension of time for the Taking-
Over of the Works and/or of any Section as he then estimates to be fair and
reasonable: Provided always that an extension of time for the Taking-Over of
one Section shall not as a necessary consequence entitle the Contractor to an
extension of time for the Taking-Over of any other Section and/or of the Works
and provided further that the Contractor shall not be entitled to any extension of
time in respect of any delay attributable to any negligence, default or improper
conduct by him or by his sub-contractors or suppliers at any tier or his or their
servants or agents. The Architect shall be entitled to take into account at any time
before the Taking-Over of any Section of the Works, the effects of any omission
from such Section or from the Works.
