Civil Engineering Reference
In-Depth Information
17.4 Sub-contract conditions for sub-contractors named under IFC
98 (NAM/SC)
17.4.1 Extension of time and direct loss and/or expense claims under NAM/SC
The provisions for extensions of time and claims for and against sub-
contractors named under clause 3.3 of the JCT Intermediate Form (IFC
98) are contained in clause 12 and 14 of Form NAM/SC and run as follows:
12.
Sub-Contractor's obligation - carrying out and completion of Sub-
Contract Works - extension of Sub-Contract period
12.1 The Sub-Contractor shall carry out and complete the Sub-Contract Works in
accordance with NAM/T, Section I, item 15, and Section II, item 1, and
reasonably in accordance with the progress of the Works subject to receipt of
the notice to commence work on site as stated in NAM/T, Section II, item 1,
and to the operation of clause 12.
12.2 Upon it becoming reasonably apparent that the commencement, progress or
completion of the Sub-Contract Works is being or is likely to be delayed, the
Sub-Contractor shall forthwith give written notice of the delay, specifying
the cause in so far as he is able, to the Contractor, and if the completion of
the Sub-Contract Works is likely to be or has been delayed beyond the
period or periods referred to in NAM/T, Section II, item 1, or any extended
period or periods previously fixed under this clause, by:
12.2
.1
any act, omission or default of the Contractor (including where the
Contractor is the Principal Contractor, any omission or default in the
discharge of his obligations as the Principal Contractor) his servants or
agents or his sub-contractors, their servants or agents (other than the
Sub-Contractor, his servants or agents), or
12.2
.2 by any of the events in clause 12.7,
then the Contractor shall so soon as he is able to estimate the length of delay
beyond that period or periods make in writing a fair and reasonable exten-
sion of the period or periods for completion of the Sub-Contract Works.
12.3
If any act, omission or default as referred to in clause 12.2.1 or an event
referred to in 12.7.5 to 12.7.8, 12.7.11 or 12.7.13 occurs after the expiry of the
period or periods stated in NAM/T, Section II, item 1, (or after the expiry of
any extended period or periods previously fixed under this clause) but
before practical completion of the Sub-Contract Works is achieved the
Contractor shall so soon as he is able to estimate the length of the resulting
delay, if any, beyond that period or periods make in writing a fair and
reasonable extension of the period or periods for completion of the Sub-
Contract Works.
12.4 At any time the Contractor may make an extension of the period or periods
for completion of the Sub-Contract Works in accordance with the provisions
of clause 12.2 or 12.3, whether upon reviewing a previous decision or
otherwise, whether or not the Sub-Contractor has given notice as referred
