Civil Engineering Reference
In-Depth Information
6. The Project Manager or the Supervisor does not reply to a communication
fromtheContractorwithintheperiodrequiredbythecontract.Unlessother-
wise stated in the contract this period is the 'period for reply' to be completed
in the ContractData, or as may be extended by agreement (clauses 13.3-13.5).
There are separate time periods in clause 31 for responding to the Contractor's
programmes.
7. The Project Manager gives an instruction for dealing with an object of value or
of historical or other interest found within the Site. The provisions in respect
of such objects are set out in clause 73.1.
8. he Project Manager or the Supervisor changes a decision which he has pre-
viously communicated to the Contractor.
9. The Project Manager withholds an acceptance (other than an acceptance of
a quotation for acceleration or for not correcting a Defect) for a reason not
stated in the contract. his could, for example, apply to the situation where the
Project Manager withholds consent to a sub-contractor or sub-contract condi-
tions for reasons not stated in clauses 26.2 or 26.3 (see Section 11.9), where the
Contractor's design is not accepted for reasons not stated in clause 21.2, or the
Contractor's programme is not accepted for reasons not stated in clause 31.3
(see Section 6.11.2). The underlying principle in respect of the Project Man-
ager's acceptance of a Contractor's submission is that the Project Manger is
entitled to withhold acceptance, but if he does so for a reason not stated in the
contract, then this gives rise to a compensation event. See clause 13.8. This is
an alternative and possibly preferable approach to the common 'consent not
to be unreasonably withheld or delayed' drafting seen in other contracts.
10. The Supervisor instructs the Contractor to search for a Defect and no Defect
is found except where the search is needed only because the Contractor gave
insufficient notice of doing work obstructing a required test or inspection.
11. A test or inspection done by the Supervisor causes unnecessary delay. his ties
in with the Supervisor's obligation under clause 40.5 to do his tests and inspec-
tion without causing unnecessary delay to the work or to a payment which is
conditional on a successful test or inspection. It is not clear at what stage a
delay caused by a test or inspection becomes 'unnecessary'. This is sometimes
clarified by an amendment to the effect that this will only be a compensation
event if the test or inspection is not provided for in the contract.
12. The Contractor encounters physical conditions which are within the Site, are
not weather conditions, and an experienced contractor would have judged at
thedatethecontractcameintoefecttohavesuchasmallchanceofoccurring
thatitwouldhavebeenunreasonableforhimtohaveallowedforthem;and
in assessing the compensation event only the difference between the physical
conditions encountered and those for which it would have been reasonable
