Civil Engineering Reference
In-Depth Information
is responsible (see clause 6.3.1), the Sub-Contractor shall within a reasonable
time of such material effect becoming apparent give written notice thereof to
the Contractor and the agreed amount of any direct loss and/or expense
thereby caused to the Sub-Contractor shall be recoverable by the Sub-
Contractor from the Contractor as a debt. Provided always that:
4.39
.1
the Sub-Contractor's application shall be made as soon as it has become,
or should reasonably have become, apparent to him that the regular
progress of the Sub-Contractor Works or of any part thereof has been or
was likely to be affected as aforesaid; and
4.39
.2
the Sub-Contractor, in order to enable the direct loss and/or expense to
be ascertained, shall submit to the Contractor such information in sup-
port of his application including details of the loss and/or expense as
the Contractor may reasonably require from the Sub-Contractor.
4.40
If the regular progress of the Works (including any part thereof which is
sub-contracted) is materially affected by any act, omission or default of the
Sub-Contractor or any person for whom the Sub-Contractor is responsible
(see clause 6.3.1), the Contractor shall within a reasonable time of such
material effect becoming apparent give written notice thereof to the Sub-
Contractor and the agreed amount of any direct loss and/or expense
thereby caused to the Contractor (whether suffered or incurred by the
Contractor or by sub-contractors employed by the Contractor on
the Works from whom claims under similar provisions in the relevant
sub-contracts have been agreed by the Contractor, sub-contractor and
the Sub-Contractor) may be deducted from any monies due or to become
due to the Sub-Contractor or may be recoverable from the Sub-Contractor as
a debt. Provided always that:
4.40
.1
the Contractor's application shall be made as soon as it has become, or
should reasonably have become, apparent to him that the regular pro-
gress of the Works, (including any part which is sub-contracted) has
been or was likely to be affected as aforesaid; and
4.40
.2
the Contractor, in order to enable the direct loss and/or expense to be
ascertained, shall submit to the Sub-Contractor such information in
support of his application including details of the loss and/or expense
as the Sub-Contractor may reasonably request from the Contractor.
4.41 The provisions of clause 4.38 to 4.40 are without prejudice to any other
rights or remedies which the Contractor or Sub-Contractor may possess.
17.2.6 Commentary
Sub-contractor's claims
Clause 4.38 gives the sub-contractor a right to claim
through
the main
contractor for direct loss and/or expense not covered by a payment under
any other provision in the sub-contract. Other than clauses 4.39 and 4.40 it
