Civil Engineering Reference
In-Depth Information
4.38
.2
.6
failure of the Employer to give in due time ingress to or egress from
the site of the Works, or any part thereof through or over any land,
buildings, way or passage adjoining or connected with the site and
in the possession and control of the Employer, in accordance with
the Contract Bills and/or the Contract Drawings and/or the
Numbered documents, after receipt by the Architect of such notice,
if any, as the Contractor is required to give or failure of the Em-
ployer to give such ingress or egress as otherwise agreed between
the Architect and the Contractor; or
4.38
.2
.7 Architect's instructions issued
under clause 13.2 or under clause 13A.4.1 of the Main Contract
Conditions requiring a Variation except for a Variation for
which the Architect has issued to the Contractor a confirmed
acceptance of a 13A Quotation pursuant to clause 13A.3.2 of the
Main Contract Conditions or for a Variation to such work or
under clause 13.3 of the Main Contract Conditions in regard to
the expenditure of provisional sums (other than an instruction
to which clause 13.4.2 of the Main Contract Conditions refers or,
where bills of quantities are included in the Numbered Docu-
ments, an instruction for the expenditure of a provisional sum
for defined work); or
4.38
.2
.8 where bills of quantities are included in the Numbered Documents
the execution of work for which an Approximate Quantity is in-
cluded in those bills which is not a reasonably accurate forecast of
the quantity of work required; or
4.38
.2
.9
compliance or non-compliance by the Employer with clause 6A.1 of
the Main Contract Conditions (Employer's obligation - Planning
Supervisor - Principal Contractor where not the Contractor); or
4.38
.2
.10 save as provided for in clauses 4.38.1 to 4.38.9 any impediment,
prevention or default, whether by act or omission, by the Employer
or any person for whom the Employer is responsible except to the
extent that it was caused or contributed to by any default, whether
by act or omission, of the Sub-Contractor or his servants, agents or
sub-sub-contractors.
4.38
.3 Any amount from time to time ascertained as a result of the operation of
clause 4.38.1 shall be added to the Sub-Contract Sum or included in the
calculation of the Ascertained Final Sub-Contract Sum.
4.38
.4 The Sub-Contractor shall comply with all directions of the Contractor
which are reasonably necessary to enable the ascertainment which
results from the operation of clause 4.38.1 to be carried out.
4.39
If the regular progress of the Sub-Contract Works (including any part
thereof which is sub-sub-contracted) is materially affected by any act, omis-
sion or default of the Contractor (including, where the Contractor is the
Principal Contractor, any omission or default in the discharge of his obliga-
tions as the Principle Contractor), or any person for whom the Contractor
