Civil Engineering Reference
In-Depth Information
Works Contractor shall be recoverable by the Works Contractor from the
Management Contractor as a debt. Provided always that:
4.49
.1
the Works 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 works or of any part thereof has been or was
likely to be affected as aforesaid; and
4.49
.2
the Works Contractor, in order to enable the direct loss and/or expense
to be ascertained, shall submit to the Management Contractor such
information in support of his application including details of the loss
and/or expense as the Management Contractor may reasonably require
from the Works Contractor.
4.50
If the regular progress of the Project (including any part thereof which is
part of a Works Contract) or 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 Works Contractor or any person for whom the
Works Contractor is responsible as defined in clause 6.1, the Management
Contractor shall within reasonable time of such material effect becoming
apparent give written notice thereof to the Works Contractor and the agreed
amount of any direct loss and/or expense thereby caused to the Manage-
ment Contractor (whether suffered or incurred by the Management Con-
tractor or by other works Contractors employed by the Management
Contractor on the Project from whom claims under similar provisions in
the relevant Works Contracts have been agreed by the Management Con-
tractor, other Works Contractors and the Works Contractor) may be
deducted from any monies due or to become due to the Works Contractor
or may be recoverable by the Management Contractor from the Works
Contractor as a debt. Provided always that:
4.50
.1
the Management 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 Project or of any Works Contract has been or was
likely to be affected as aforesaid; and
4.50
.2 the Management Contractor, in order to enable the direct loss and/or
expense to be ascertained, shall submit to the Works Contractor such
information in support of his application including details of the loss
and/or expense as the Works Contractor may reasonably request from
the Management Contractor.
4.51 The provisions of clauses 4.45 to 4.51 are without prejudice to any
other rights or remedies which the Management Contractor or the Works
Contractor may possess.
17.6.4 Commentary
The commentary on NSC/C clauses 4.38 to 4.41 is relevant, as is the consid-
eration of the position under clause 26 of JCT 98
692
. There are some points to
note, as follows.
692
See Chapter 12, section 12.2.4.
