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Sayfa 280B. Delay due to Employer Risk Events
In accordance with the definition of time for completion, sub-clause 1.1.3.3, below,…
“1.1.3.3 Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [Time for Completion],as stated in the Appendix to Tender (with any extension under Sub-Clause 8.4 [Extension of Time For Completion]), calculated from the Commencement Date.”…
The contractor’s entitlement to an extension of time is governed by Sub-clause 8.4,…
“The Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause 10.1 [Taking Over of the Works and Sections] is or will be delayed by…
(a) a Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause 13.3 [Variation Procedure]) or other substantial change in the quantity of an item of work included in the Contract,…
(b) a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions,…
(c) exceptionally adverse climatic conditions,…
(d) Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions, or (e) any delay, impediment or prevention caused by or attributable to the Employer, the Employer’s Personnel, or the Employer’s other Contractors on the Site.”
The reader’s attention is also to drawn sub-paragraph (b), above, as it points to…
In the case that sub-clause 8.4 is applicable, then the contractor will be relieved…
Sub-clause 8.4 specifically requires the contractor to follow the procedure set out…
“If the Contractor considers himself to be entitled to an extension of the Time for…
By sub-clause 20.1 …
“If the Contractor considers himself entitled to any extension of time…the Contractor shall give notice to the Engineer…not…
Sub-clause 20.1 then proceeds to state that the claims procedure is only valid if…
“If the Contractor fails to give notice of a claim within such period of 28 days,…
Under sub-clause 20.1, for all claims that have not been time barred, the contractor…
Failure to comply with these other requirements under 20.1 will not lead to the claim…
“…If the Contractor fails to comply with this or any other Sub-Clause in relation to any claim, any extension of time…shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim…”…
Sub-clause also sets out the procedure of the engineer’s decision-making process…
“The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) the Extension (if any) of Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion] …” …
While it is 8.4 that gives rise to the contractor’s entitlement to an extension of…
“Whenever these conditions provide that the Engineer shall proceed in accordance with this Sub-Clause 3.5 to agree or determine any matter, the Engineer shall consult with each Party in an endeavour to reach agreement. If agreement is not achieved, the Engineer shall make a fair determination…
Sub-clause 3.5 requires the engineer to be ‘fair’ in determining the extension of…
A. Delay due to Contractor Risk Events
C. A ‘Fair’ Determination in the Face of Concurrent Delay
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