Civil Engineering Reference
In-Depth Information
Dealing with an employer's default is not usually the sole reason for having exten-
sion of time clauses. Most include an entitlement to an extension of time for what
might be described as neutral events. These arise through the fault of neither party,
for example, war, riots and bad weather. In this sense, such clauses do benefit the con-
tractor by giving them an extension of time for some matters that might otherwise be
at their risk.
Indeed, the terms of a particular contract may allow an extension in circumstances
which some may think go beyond what might be regarded as neutral.
6.5.2 Adjustment of the Completion Date under the SBC
Clauses 2.26-2.29 of the SBC contain very complex provisions detailing the circum-
stances in which the Contractor is entitled to an extension of time. he entitlement to
an extension only arises as a result of delay due to specified 'Relevant Events', which
are considered below. It is noteworthy that the SBC contains substantially revised Rel-
evant Events. The actual number of Relevant Events has decreased but the nature of
some of the Relevant Events is more generally expressed as if to give rise to a less
prescriptive set of carefully defined Relevant Events. Accordingly, matters which were
previouslythesubjectofaparticular,speciicRelevantEventmaybeincludedwithin
a new, more generally expressed, Relevant Event.
6.5.3 Relevant Events under the SBC
Compliance with Variations
Variations comprise Variations (as defined in clause 5.1) and any other matters or
instructions which under the Conditions are to be treated as, or as requiring, a
Variation.
Compliance with certain specified instructions
There are two categories of Architect's instruction that can entitle the Contractor to
an extension of time. First, there are the matters listed in clause 2.29.2.1, which cover
a wide range of circumstances where the Architect is obliged to issue instructions
under the Contract. Second, an instruction requiring the opening up of the Works
forinspectionortestingmaygiverisetosuchanentitlement,unlesstheinspectionor
test shows that work, materials or goods are not in accordance with the Contract.
Deferment by the employer of the giving of possession of the site
The Employer must give the Contractor the possession of the site anticipated in the
contract to allow him to carry out the works. This is of critical importance. If he fails
