extension of time under jct (illustration)

DELAY AND EXTENSIONS OF TIME NOTIFYING DELAY UNDER JCT INTERMEDIATE BUILDING CONTRACT 2011 Contract & Construction Consultants Limited Tel: 0117 925 9001 65 Woodland Road, Clifton, Bristol, BS8 1UL www.contract-consultants.com The Contractor's Works are DELAYED or LIKELY TO BE DELAYED The Contractor must use his “best endeavours” to prevent delay, and do anything reasonably required by the Architect/Contract Administrator to proceed with the Works Each and every time the Works are delayed, or likely to be delayed, the Contractor MUST give a WRITTEN NOTICE of the delay to the Architect/Contract Administrator What should the notice contain? For each and every delay, the notice should state the CAUSE of that delay The Architect/Contract Administrator should then assess: (1) if completion is delayed (or likely to be delayed) and (2) whether the cause of the delay is a Relevant Event Relevant Events are listed at Clause 2.20 If there is a delay to completion caused by a Relevant Event, then the Architect/Contract Administrator must give a notice in writing setting out a “fair and reasonable” extension of time. The notice should be given as soon as the Architect is able to estimate the length of the delay to the completion date Under the Intermediate Building Contract, if the Architect/Contract Administrator does not consider that completion is delayed or that the cause was a Relevant Event, he does not have to give a notice stating this. This is all the information the Contractor is required to give, under the Intermediate Building Contract – but the Contractor should also aim to give the following: What the effect of the delay is Whether the cause is a Relevant Event An estimate of delay to completion. Not least because the Architect/ Contract Administrator will expect to receive this information anyway! The Contractor is not required to incur unreasonable costs in accelerating the Works. Any loss suffered may be claimable as loss and expense The consequences of not giving a notice on time could include: The Contractor may not be entitled to a full extension of time or extended preliminaries The Contractor might be liable for delays which have been caused by its failure to notify a delay to the Architect/ Contract Administrator The Contractor should also provide any further information required by the Architect/Contract Administrator which is “reasonably necessary for the purposes of this clause 2.19” - that is, for notifying delay or assessing an extension of time

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Delay and Extension of Time: Notifying Delay under JCT Intermediate Building Contract 2011

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DELAY AND EXTENSIONS OF TIMENOTIFYING DELAY UNDER JCT INTERMEDIATE BUILDING CONTRACT 2011

Contract & Construction Consultants Limited Tel: 0117 925 900165 Woodland Road, Clifton, Bristol, BS8 1UL www.contract-consultants.com

The Contractor's Works are DELAYEDor

LIKELY TO BE DELAYED

The Contractor must use his best endeavoursto prevent delay, and do anything reasonably

required by the Architect/ContractAdministrator to proceed with the Works

Each and every time the Works are delayed,or likely to be delayed, the Contractor MUSTgive a WRITTEN NOTICE of the delay to the

Architect/Contract Administrator

What should thenotice contain?

For each and everydelay, the notice should

state the CAUSE ofthat delay

The Architect/Contract Administrator should then assess:(1) if completion is delayed (or likely to be delayed) and

(2) whether the cause of the delay is a Relevant EventRelevant Events are listed at Clause 2.20

If there is a delay to completion caused by a Relevant Event, then the Architect/Contract Administratormust give a notice in writing setting out a fair and reasonable extension of time. The notice should

be given as soon as the Architect is able to estimate the length of the delay to the completion date

Under the Intermediate BuildingContract, if the Architect/ContractAdministrator does not considerthat completion is delayed or thatthe cause was a Relevant Event,

he does not have to give anotice stating this.

This is all the information theContractor is required to give,

under the Intermediate BuildingContract but the Contractor should

also aim to give the following:What the effect of the delay is

Whether the cause is a Relevant EventAn estimate of delay to completion.

Not least because the Architect/Contract Administrator will expect to

receive this information anyway!

The Contractor is not required to incurunreasonable costs in accelerating the

Works. Any loss suffered may beclaimable as loss and expense

The consequences of notgiving a notice on time

could include:The Contractor may not

be entitled to a fullextension of time or

extended preliminariesThe Contractor might beliable for delays whichhave been caused by itsfailure to notify a delay

to the Architect/Contract Administrator

The Contractor should also provide any further information required bythe Architect/Contract Administrator which is reasonably necessary forthe purposes of this clause 2.19 - that is, for notifying delay or assessing

an extension of time