T017 EOT

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