Civil Engineering Reference
In-Depth Information
consent) in writing. In doing this he must review all extensions previously
granted and take into account any causes of delay of which he is aware and
which he considers should fairly entitle the sub-contractor to an extension
even though the sub-contractor has not notified him of them.
This final review is only to enable the contractor (and the architect) either
to confirm the completion date previously fixed or to grant a further exten-
sion of time. The contractor may not reduce extensions previously granted
unless,
since an extension was last granted
, the architect has issued an omission
instruction under main contract clause 13.2, thereby reducing the time
needed to complete what is left.
17.2.4 Relevant events
Clause 2.6 lists the relevant events, the occurrence of which, in principle,
gives rise to an extension of time. Grounds 2.6.1 to 2.6.18 parallel those listed
in JCT 98, clause 25.4, and reference should be made to the commentary
thereon
676
.
'An act, omission or default of the Contractor or any person for whom the
Contractor is responsible' is an additional ground for extension of time: see
clause 2.3.1. This phrase now extends to sub-sub-contractors (or 'tertiary
contractors' as they are sometimes called)
677
.
Finally, if the sub-contractor is aggrieved by the architect's failure to give
his written consent (clause 2.3) to an extension in due time or at all and/or
by the terms of that consent, e.g. the extension granted, he has a right to
require the main contractor to join in dispute resolution procedures, subject
to safeguards as to costs: clause 2.7.
17.2.5 Direct loss and/or expense claims under NSC/C
Clauses 4.38 to 4.41 provide:
4.38
.1
If the Sub-Contractor makes written application to the Contractor
stating that he has incurred or is likely to incur direct loss and/or
expense in the execution of the Sub-Contract for which he would not
be reimbursed by a payment under any other provision in the Sub-
Contract due to deferment by the Employer of giving to the Contractor
possession of the site of the Works where it is stated in the completed
Appendix of the Main Contract Conditions (attached to NSC/T Part 1 or,
if different, in the completed Appendix of the Main Contract Conditions
enclosed with the copy of Nomination NSC/N sent to the Sub-Con-
tractor by the Architect) that clause 23.1.2 of the Main Contract Condi-
tions applies to the Main Contract by reason of the regular progress of
676
See Chapter 10, section 10.1.3.
677
The previous phrasing 'his servants or agents or his sub-contractors, their servants or agents' was
held not to be sufficient to include sub-sub-contractors:
City of Manchester
v.
Fram Gerrard Ltd
(1974) 6
BLR 70.
