Civil Engineering Reference
In-Depth Information
gives the architect power to specify the period of extension. Clause 35.14.2 of
JCT 98, however, gives no such power and imposes no such duty. Indeed, it
clearly confines the architect's powers to the giving or withholding of
consent:
35.14
.1 The Contractor shall not grant to any Nominated Sub-Contractor any
extension of the period or periods within which the sub-contract works
(or where the sub-contract works are to be completed in parts any part
thereof) are to be completed except in accordance with the relevant
provisions of Conditions NSC/C which require the written consent of
the Architect to any such grant.
35.14
.2 The Architect shall operate the relevant provisions of Sub-Contract
NSC/C upon receiving any notice, particulars and estimate and a
request from the Contractor and any Nominated Sub-Contractor for
his written consent to an extension of the period or periods for the
completion of the sub-contract works or any part thereof as referred to
in clause 2.3 of Conditions NSC/C.
That also appears to be the position under NSC/C, which makes no mention
of the architect 'fixing' or 'specifying' a period, but only that the contractor's
fixing is subject to the architect's consent. Of course, the architect must
estimate whether he believes the contractor's proposed extension is fair
and reasonable. Common sense alone dictates that the architect cannot
specify the period. Compared with the contractor, and even when supplied
with information, he is not in the best position to determine the appropriate
extension of time for the sub-contract.
It is stated that 'in agreement with the architect' the contractor is to state
in his extension (1) which matters they have taken into account, and (2) the
extent, if any, to which the architect, in giving consent to the extension, has
taken into account any omission instruction under clause 13.2 of JCT 98. The
last part of this clause, which used to restrict the consideration to omission
instructions or restrictions since the first fixing of a revised period or
periods, is omitted in this edition, freeing the architect to consider any
such omissions or restrictions from the beginning. This change is to be
welcomed, because it puts this provision on a similar basis to the equivalent
provision in JCT 98.
The contractor is given a time limit of 12 weeks from receipt of a notice of
delay and of 'reasonably sufficient particulars and estimate' from the sub-
contractor in which to give an extension of time. If there are fewer than 12
weeks left between receipt of the notice, particulars and estimate and the
currently fixed completion date, the architect must reach his decision, and
give or withhold his written consent, and the contractor must grant any
extension no later than that date. However, as under JCT 98, that is provided
it is reasonably practicable to do so.
As in JCT 98, if he does not consider any extension of time to be due, the
architect must withhold consent and inform the contractor of that decision,
which must then be passed down to the sub-contractor not later than 12
weeks after receipt of the requisite notice, particulars or estimate or not later
