Civil Engineering Reference
In-Depth Information
4.26
.10
.2
suspension by the Sub-Contractor of the performance of his obliga-
tions under the Sub-Contract to the Contractor pursuant to clause
4.20 provided the suspension was not frivolous or vexatious;
4.26
.11
save as provided for in clauses 4.26.1 to 4.26.10 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.
4.27
If the regular progress of the Works is materially affected by any act,
omission or default of the Sub-Contractor, his servants or agents, and if
the Contractor shall within a reasonable time of such material effect becom-
ing apparent make written application to the Sub-Contractor, the amount
agreed by the Parties of any direct loss and/or expense thereby caused to
the Contractor shall either be deducted from any monies due or to become
due to the Sub-Contractor or be recoverable by the Contractor from the Sub-
Contractor as a debt. Provided always that:
4.27
.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 or of any part thereof has been or is likely to be
affected as aforesaid; and
4.27
.2
the Contractor shall submit to the Sub-Contractor such information in
support of his application as is reasonably necessary to show that the
regular progress of the Works or of any part thereof has been or is likely
to be affected as aforesaid; and
4.27
.3
the Contractor shall submit to the Sub-Contractor such details of such
loss and/or expense as the Sub-Contractor requests in order reasonably
to enable the ascertainment and agreement of that direct loss and/or
expense as aforesaid.
4.28 The provisions of clauses 4.24 and 4.27 are without prejudice to any other
rights or remedies which the Contractor or Sub-Contractor may possess.
17.3.5 Commentary
Sub-contractor's claims
Again, the commentary on NSC/C clauses 4.38 to 4.41 is relevant, as is the
consideration of the position under clause 26 of JCT 98
689
. However, the
architect is not involved in the process. The text should be compared with
NSC/C and the following points should be noted:
(1) Clause 4.24: The wording indicates that compliance with the provisions
as to written notice is a condition precedent. The sub-contractor must
make written application to the main contractor within a reasonable
689
See Chapter 12, section 12.2.4.
