Civil Engineering Reference
In-Depth Information
In terms of 'best endeavours', this is regarded as requiring a higher standard than
'reasonable endeavours'. In
Rhodia International Holdings Ltd
v.
Huntsman Interna-
tional LLC
(2007), the judge stated:
There may be a number of reasonable courses which could be taken in a given sit-
uation to achieve a particular aim. An obligation to use reasonable endeavours to
achieve the aim probably only requires a party to take one reasonable course, not
all of them, whereas an obligation to use best endeavours probably requires a party
to take all the reasonable courses he can.
heterm'allreasonableendeavours'wasconsideredinthecaseof
Jet2.com v Blackpool
Airport Ltd
(2011) and, in the particular circumstances of that case, was held to mean
thesameas'bestendeavours'.
According to
MacBryde, the Law of Contract in Scotland
, it may be that this could
include incurring a loss in performing a contract. However, MacBryde suggests that
it 'does not normally mean that the limits of reason must be overstepped with regard
to cost and effort' (paragraph 8.57).
What is required will depend on the facts and circumstances of each case.
5.5.3 The SBC/DB provisions
Similar provisions to clauses 2.4 and 2.28 of the SBC are contained in clauses 2.3
and 2.25 of the SBC/DB.
5.5.4 The NEC3 provisions
Programme
In relation to the programme, the NEC3 has detailed requirements which are set out
in clause 31. If a programme is not identified in the Contract Data, the Contractor
submits a first programme to the Project Manager for acceptance within the period
stated in the Contract Data (clause 31.1).
Clause 31.2 provides that the Contractor is to show certain specific information on
each programme submitted for acceptance. See Section 6.11.2 for details.
Clause 31.3 requires the Project Manager, within 2 weeks of the Contractor sub-
mitting a programme, to accept it or to notify reasons for not accepting it. See Section
6.11.2 for details.
Where Option A or C applies, clause 31.4 requires the Contractor to provide infor-
mation which shows how each activity on the Activity Schedule relates to the opera-
tions on each programme which he submits for acceptance.
heprogrammeisthentoberevisedandarevisedprogrammesubmittedtothe
Project Manager. See Section 6.11.3 for the procedure regulating such submission and
the required content of such revised programme.
In addition to this is the early warning procedure. The Contractor is to give early
warning by notifying the Project Manager as soon as he becomes aware of any matter
