Civil Engineering Reference
In-Depth Information
commercialcontextsthecourtshaveinterpreted'bestendeavours'asimportingahigh
standard (see, e.g.
Sandhu
v
.Sandhu
(2010)). Some take the view that the Contractor
must, if necessary, re-programme, increase resources and work overtime. Others take
the view that, strictly, they are not obliged to take steps which would result in them
incurring any material additional costs. See also the discussion on this topic, and the
cases cited, in Section 5.5.2.
6.5.5 Fixing a new Completion Date under the SBC
Under the SBC clause 2.28 the Architect must consider if the events notified are Rel-
evant Events and whether, as a result, completion is likely to be delayed beyond the
Completion Date. As soon as is reasonably practicable, and in any event within 12
weeks of receiving the required particulars, the Architect must notify the Contrac-
tor in writing of his decision in respect of any notice under clause 2.27. his applies
whetherornotanextensionoftimeisgiven.InhisdecisiontheArchitectmuststate
the extension of time he has attributed to each Relevant Event and (in the case of a
decision under clause 2.28.4 or 2.28.5) the reduction in the time he has attributed to
each Relevant Omission.
Under clause 2.28.4, if work is omitted after an extension has been granted, the
Architect may by notice in writing to the Contractor fix an earlier Completion Date.
Although clause 2.28 states that the Architect 'shall' act appropriately within 12
weeks, it is generally regarded that, taken in the context of the other terms of the
contract, the timescale is directory only and not mandatory.
After Practical Completion has been achieved, the Architect is obliged to review
and reach a final view on the fair and reasonable extension of time to which the
Contractor is entitled having regard to any Relevant Events, and that not later than
12 weeks after Practical Completion. He can confirm the Completion Date previ-
ously fixed. In fixing a later Completion Date he can review a previous decision and
have regard to all Relevant Events, whether notified to him or not. He can only fix
a Completion Date earlier than a previously revised Completion Date if that is fair
and reasonable taking into account Relevant Omissions. In no circumstances can the
Architect fix a date earlier than the relevant Date for Completion (clause 2.28.6.3),
nor is any alteration allowed to the length of any Pre-agreed Adjustment in terms of
a Schedule Part 2 Quotation except in the case of a Variation Quotation where the
relevant Variation is itself the subject of a Relevant Omission (clause 2.28.6.4).
Refusal by the Architect to consider an application for extension of time may, in
certain circumstances, constitute a breach of contract by the Employer.
6.5.6 Calculation of extension of time and proof of entitlement
hese matters are the subject of much controversy and a detailed examination of them
isbeyondthescopeofthisbook.Indeedtheyappeartohavegeneratedawholeindus-
try of consultants who profess an expertise in this area, using critical path analysis,
computer technology and other techniques to provide delay analysis which is said to
