Civil Engineering Reference
In-Depth Information
The Contractor shall permit the Engineer to inspect all these
records, and shall (if instructed) submit copies to the Engineer.
Within 42 days after the Contractor became aware (or should
have become aware) of the event or circumstance giving rise to
the claim, or within such other period as may be proposed by the
Contractor and approved by the Engineer, the Contractor shall
send to the Engineer a fully detailed claim which includes full
supporting particulars of the basis of the claim and of the exten-
sion of time and/or additional payment claimed . '
2. The requirement to give notice of entitlement to an extension of time
and to describe the event giving rise to the claim within 28 days of
the event is a condition precedent to the Contractor's entitlement.
The Contractor is also obliged to submit a fully-detailed claim of
the extension of time claimed within 42 days of the event.
3. The Contractor submitted a notice of claim on 15 February 2010
which is within the 28-day period prescribed in the Contract. The
submission contained herein comprises the detailed claim and sup-
porting particulars thereby satisfying the provisions of this
sub - clause.
4. The Contractor has therefore complied with the conditions of this
sub-clause and is consequently entitled to an extension of the Time
for Completion until 6 August 2010.
The Engineer's Response
1. The Engineer concurs that the Contractor has
complied with the conditions precedent con-
tained in the Contract and that the Contractor
is therefore entitled to an extension of the
Time for Completion, but for the reasons
stated herein, this should only be extended
until 30 July 2010.
Conclusion
The Contractor ' s Claim
1. The following is a summary of the Contractor ' s entitlement as dis-
cussed in this section:
2. The Contractor is entitled under the Contract to an extension to the
Time for Completion for delay, impediment or prevention caused
by or attributable to the Employer's other contractors on the Site.
3. Due to the circumstances entitling the Contractor to an extension of
the Time for Completion, the Contractor is also entitled, pursuant
to both the Contract and common law, to additional payment for the
costs incurred as a result of the additional time he has been obliged
to remain on site. The Contractor's claim in this respect will be
submitted by way of a separate claim.
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