1. Upon it becoming reasonably apparent that the progress of the Works is delayed, the Contractor shall forthwith give written notice of the cause of the delay to the Architect, and if in the opinion of the Architect the completion of the Works is likely to be or has been delayed beyond the Date for Completion stated in the appendix-to these Conditions or beyond any extended time previously fixed under either this Clause or Clause 32(1)(c) of these Conditions
a) by force majeure, or
b) by reason of any exceptionally inclement weather, or
c) by reason of loss or damage occasioned by any one or more of the
contingencies referred to in Clause 20(A), (B) or (C) of these Conditions or d) by reason of civil commotion, local combination of workmen, strike or
lockout affecting any of the trades employed upon the Works or any of the trades engaged in the preparation, manufacture or transportation of any of the goods or materials required for the Works, or
e) by reason of Architect's - instructions issued under Clauses 1(2), 11(1) or 21(2) of these Conditions, or
f) by reason of the Contractor not having received in due time necessary instructions, drawings, details or levels from the Architect for which he specifically applied in writing on a date which having regard to the Date for Completion stated in the appendix to these Conditions or to any extension of time then fixed under this Clause or Clause 32(1)(c) of these Conditions. was neither unreasonably distant from nor unreasonably close to the date on which it was necessary from him to receive the same, or
9) by delay on part of Nominated Sub-Contractors or Nominated Suppliers which the Contractor has taken all practicable steps to avoid or reduce, or
h) by delay on part of artists, tradesmen or others engaged by the Employer in executing work not forming part of this Contract, or
(i) by reason of the opening up for inspection of any work covered up or of the testing of any of the work materials or goods in accordance with Clause 6(3) of these Conditions (including making good in consequence of such opening up or testing), unless the inspection or test showed that the work materials or goods were not in accordance with this Contract, or
(j) by the Contractor's inability for reasons beyond his control and which he could not reasonably have foreseen at the date of this Contract to secure labour goods or materials are essential to the proper carrying out of the Works.
then the Architect shall so soon as he is able to estimate the length of the delay beyond the-date or time aforesaid make in writing a fair and reasonable extension of time for completion of the Works. Provided always that the Contractor shall use constantly his best endeavours to prevent delay and shall do all that may reasonably be required to the satisfaction of the Architect to proceed with the Works.
* Footnote - Strike out if Sub-Clause (J) is not to apply.
PAM FORM OF CONTRACT EXTENSION OF TIME
The requirement in the PAM Form is only for a limited number of reasons, all other reasons will not result in extension of time and the Contractor bears the risk and loss for delays, which arise to no fault of either party, which are not provided for in the provision.
The events that will result in an extension of time for the Contractor is: - 1) force majeure.
2) Exceptionally inclement weather.
3) Loss or damages claimable from the insurance.
4) Civil commotion, local combination of workmen strike or lockout.
5) Architect's instruction issued under Clause 1(2), 11(11) or 21(2).
6) Late delivery of information or instruction requested by the Contractor within a reasonable duration from the date on which the information or instruction is required.
7) Delay by Nominated Subcontractor or Nominated Supplier for which the Contractor has taken all practicable steps to overcome.
8) Delay by others employed by the Client executing works not forming part of the Contract.
9) Delay because of opening up and inspecting work, which is not detective.
10) Inability to secure goods/material for reasons beyond the Contractors control for which the Contractor could not have reasonably foreseen at the time of the tender.
IMPORTANT LEGAL INTERPRETATION TO THE CLAUSE 23 1) Notice by the Contractor is not condition precedent.
2) Architect on his own accord must process an extension of time.
3) Failure to give notice is a breach of Contract and therefore if the delay could have been reduced by early notice such as extra period will not be taken into account.
4) A notice not stating the cause of delay is still acceptable as a good notice.
5) The Contractor must provide all necessary information to enable the Architect to make an accurate evaluation of the extension time.
[London Borough-of Merton v Stanley Hugh Leach Ltd (1985)]
The following are the requirements and duties arising from the provision: -
NOTIFICATION
1) A written notice stating the cause of the delay.
2) The notice is to sent in upon it becoming reasonably apparent the project is delayed.
3) All related documents, correspondence and evidence should also be furnished to the Architect.
ACTION PLAN AND PROCEDURES
As per the requirement set out in JKR 203's action plant and procedures section.
CLAIM SUBSTANTIATION
As per the requirement set out in JKR 203's claim substantiation section.
RECORD KEEPING AND FILING
As per the requirement set out in JKR 203's record keeping and filing section.
STANDARD CORRESPONDENCE
AS per the requirement set out in JKR 203's standard correspondence section.
Note Please refer to the attached flowchart.
GUIDELINES ON THE USE OF THE CCML.01 AND CCAS.01
1.0 OBJECTIVE
1.1 Purpose of the CCML.01 and CCAS.01 is to allow for
a) The highlighting of all contractual issues encountered in the Project, to allow for any necessary contractual suggestions and advise from the Contracts Department (Contractual Services Division).
b) The provision of a complete list of all contractual problems encountered in the Project.
c) The preparation of a joint action plan at an early stage to avoid any contractual resistance or hindrance at a later stage.
d) The proper monitoring of all related documents and correspondence to ensure efficient records and easy discovery.
e) The monitoring of all action undertaken and the progress of the claim, including the subsequent adjustment of the Action Plan in the event there are circumstances, which warrant it.
2.0 SCOPE
This procedure and all the related forms are to be used on all projects undertaken by the Company immaterial of the type of Standard Form of Contract being utilised in the Project.
3.0 DEFINITION
4.0 IMPLEMENTATION REQUIREMENT
4.1 The successful implementation of this form will depend on prompt and accurate reporting and recording all relevant information. All persons described below are required to adhere and execute their respective responsibilities accordingly.
4.2 The PIC of each Project shall have overall control and are to ensure that all activities are executed promptly and accordingly.
They shall ensure that any new claim arising shall be documented in the CCML.01 and that all the relevant information be included immediately. All new claims shall be so recorded to allow for the compiling of a complete master list.
They shall ensure that any contractual claim arising is immediately recorded by him or any site personnel assigned by them to do so.
They shall also ensure that all incoming or outgoing correspondence related to the claim (in any manner whatsoever) shall have its reference number
recorded and a photocopy made; this shall be done upon receipt or despatch of the letter or document. The photocopy shall at all times be attached to the original CCAS.01 form, which details the said claim.