Civil Engineering Reference
In-Depth Information
Best endeavours
In clause 2.8, the operation of the extension of time provisions is made
subject to the proviso that the sub-contractor shall 'use constantly his best
endeavours to prevent delay . . . and the Sub-Contractor shall do all that
may reasonably be required to the satisfaction of the
Contractor to proceed
with
the Sub-Contract Works' (emphasis added). In the equivalent clause
11.8 of DOM/1, the architect was coupled with the contractor and the
removal of the obligation of the contractor to satisfy the architect on this
matter is an improvement. In any event the dual obligation was of no
practical significance, because the architect had, and has, no right to require
anything directly from a domestic sub-contractor.
Completion date
Clause 2.9 is vital; it parallels clause 25.3.6 of JCT 98 and means that, no
matter how much work is omitted, the sub-contractor is always entitled to
his original sub-contract completion date. These points apart, the provision
operates in a similar way as the corresponding clause in NSC/C.
Clause 11 of DOM/2 is the corresponding provision under that sub-
contract form and follows the wording of clause 11, DOM/l, with the
necessary drafting changes to take account of the differing circumstances
in which it is used.
17.3.4 Direct loss and/or expense claims under DSC/C
This matter is dealt with in clauses 4.24 to 4.28, and is the matching provi-
sion to NSC/C clauses 4.38 to 4.41. The text reads as follows:
Matters affecting regular progress - direct loss and/or expense - Contract-
or's and Sub-Contractor's rights (4.24 to 4.28)
4.24
If the regular progress of the Sub-Contract Works is materially affected due
to deferment of giving to the Contractor possession of the site of the Works
where it is stated in the Appendix to the Main Contract Conditions annexed
to Agreement DSC/A that clause 23.1.2 of the Main Contract Conditions
applies to the Main Contract or the regular progress of the Sub-Contract
Works is materially affected by any act, omission or default of the Con-
tractor, (including, where the Contractor is the Principal Contractor, any act,
omission or default in the discharge of his obligations as the Principal
Contractor) his servants or agents, or any sub-contractor, his servants or
agents (other than the Sub-Contractor, his servants or agents), or is materi-
ally affected by any one or more of the Relevant Matters referred to in clause
4.26 and if the Sub-Contractor shall within a reasonable time of such mater-
ial effect becoming apparent make written application to the Contractor, the
amount agreed by the Parties of any direct loss and/or expense thereby
caused to the Sub-Contractor shall either be included in the adjustment
of the Sub-Contract Sum or in the computation of the Ascertained Final
