Civil Engineering Reference
In-Depth Information
says that the employer will remain in residence
during alterations to a house, but the employer
in fact moves out, should the improved working
conditions count as a 'discount' against any
extension of time which might be due?
Most contracts provide for the contractor to have exclusive possession of the site, and such
a term would usually be implied in any event. Therefore, if the employer is going to remain
in occupation of some or all of the property, a term must be included in the contract to that
effect so that the contractor can make a suitable allowance for any likely delays or ineffi-
ciencies.Thecontractormightdecidetomakesuchallowancebyrequiringalongercontract
period than would be the case if the employer was not in residence, or the contractor may
add something to its price, or both.
Iftheemployersubsequentlydecidestoleavethepremises,thatisentirelyamatterforthe
employer. The contractor cannot be required to adjust its price or contract period as a result.
Indeed, it is difficult to see how the extra time and/or money allocated by the contractor to
working while the employer was in residence can be determined unless the contractor vo-
lunteered the information, and it is under no obligation to do so. The contractor has agreed
tocontractonthebasisthattheemployerwouldstayinresidence,andthereforetheemploy-
er has the option to stay or go. There has certainly been a change in circumstances, but no
change in the work to be done.
Although the improved working conditions cannot be set against any extension of time
otherwise due, it is likely that the architect would be entitled to take into account the
contractor's current working conditions when calculating whether the contractor has been
delayed. In other words, the architect would not be obliged to artificially assume that the
contractor's work methods were already impeded by the presence of the employer when a
delay occurred; the architect must consider the situation as it actually existed at the time the
delay occurred.
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