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T017 EOT

alison_patey0437 T017 & T016 English

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T017 EOT

  1. DEFINITION

    • Adjusts the completion date and relieves the contractors liability to pay liquidated damages for the period of the extension
  2. JCT

    • JCT SBC Clauses 2.26 - 2.29
    • PROCEDURE
      • When delay is apparent/likely - MC write to CA to notify
      • Notice should identify cause - related to RELEVANT EVENTS & length of delay
      • Give any other info required from CA/arch
      • CA/Arch must notify MC of decision in writing
        • either extending the completion date (stating the ampount if any i ddt form application) or confirming no EOT is granted
      • TIME PERIODS
        • CA/Arch has 12 wks from notification to decide on EOT
        • if less than 12wks to PC - CA should endevour to make a decision b4
        • CA/arch has 12wk after PC top review any previous EOT claims to award anything further
    • RELEVANT EVENTS
      • Events that entitle MC to EOT
      • 13 EVENTS
        • DIS SSA FSS VIA
        • Deferment of possession
        • Impediment by emp
        • Suspension for non-payment
        • Statutory Powers excercises from UK gov
        • Adverse Weather
        • Force majure
        • Strike/ lock out
        • Statutory Authority works
        • Variations
        • Instructions
        • Approx quants - inaccurate forecast
    • REDUCTION IN EOT
      • RELEVANT OMISSION
        • you can reduce EOT if works have been omitted from the contract - notify the MC of each reduction
      • PRE-AGREE ADJUSTMENT
        • Agreement with emp and MC but Ca cannot fix a date earlier than the date for completion in contract particulars
    • ASSESMENT
      • CA has NO right to grant EOT for anything not related to RELEVANT EVENTS
      • Assess each delay on the contract date
        • CA can use contractors programme (not binding) the effect of progress is assessed in relation to the work being carried out at the time of the delaying event
      • CONCURRENT DELAYS
        • 2/more delaying events can happen simultaneously/overlap and its difficult to decide where the EOT award lies
        • where concurrent delays have two or more RELEVANT EVENTS it has be customary to grant the EOT to the dominant cause
        • judge each event on its merits
        • tests for determining the prevailing Delay
          • “but for”
          • Devlin approach
          • dominant cause
      • PROGRAMME FLOAT
        • No clear rule over who ow the programme float - generally belongs to the contractor
        • The MC normally inc float in his programme 2 accommodate his risk items and also provide time for correcting mistakes THEREFORE the actual impact of delay should be considered
  3. ADVANTAGES OF EOT

    • Relieves MC liability 4 LD 4 delay that they did not cause
    • It enables another completion date to be set, which maintains thee employers ability to take liquidated damages if another delay occurs
  4. TIME IS AT LARGE

    • No set completion date
    • MC only obligation to finish the works in a reasonable time
    • LD's cannot be levied
    • Emp would have to try and prove the MC had not completed in a reasonable time through courts
  5. CULPABLE DELAY

    • MC delay is called 'culpable delay' when they go post the date for completion because they are culpably for LDS

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Description
T017 & T016 Mind Map on T017 EOT, created by alison_patey0437 on 07/05/2013.
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