Civil Engineering Reference
In-Depth Information
time - usually, no doubt, at some time early in the working day. If no
recorded data are available, assumed values are to be inserted in the contract
data. It appears that the intention is to provide a simpler system of deciding
when the contractor is entitled to further time and or money without having
to make a judgment about whether the weather conditions are exceptional.
The result has a high chance of being accurate, but it will give rise to problems
of fairness if the weather is exceptional and pushes the boundaries of one or
more of the criteria at once, but keeps within the parameters set down.
An employer's risk event occurs: clause 60(14)
This is simple. Employer's risks are set out in clause 80.1 and an event
presumably occurs when one of the risks manifests itself. In such a case, it
becomes a compensation event. The risks are broadly:
. Claims, proceedings and so on due to use or occupation of the site by the
works, negligence or breach of statutory duty by the employer or a fault of
the employer or in his design.
. Loss or damage to plant and materials supplied by the employer up to the
day the contractor has accepted them.
. Loss or damage to plant and materials due to war and the like, strikes and
the like and radioactive contamination.
. Loss or damage to parts of the works taken over by the employer unless
the loss or damage is due to existing defects, an event which was not an
employer's risk or the contractor's on-site actions after takeover occurred
before the defects certificate.
. Loss or damage to the works and equipment, materials, etc. kept on site
by the employer after termination unless damaged by the contractor on
site after termination.
. Additional risks stated in the contract data.
Takeover of part of the works is certified by the project manager before both
completion and the completion date: clause 60.1(15)
Takeover is dealt with in clause 35. Under clause 35.4, the project manager is
to certify the date and extent when the employer takes over any part of the
works. It should be noted, however, that the employer may use any part of
the works before completion has been certified and in that case he has taken
over that part of the works when he begins to use it unless there is a contrary
reason in the works information or the use is to suit the contractor's method
of working (clause 35.3). Takeover is not quite the same as practical comple-
tion under JCT contracts, although in practice it may amount to the same.
Takeover depends on some action by the employer, while practical comple-
tion under JCT contracts depends on whether practical completion has
taken place in the opinion of the architect, such opinion being exercised
according to law.
