T017 EOT

T017 EOT

DEFINITION
1. Adjusts the completion date and relieves the contractors liability to pay liquidated damages for the period of the extension
JCT
1. JCT SBC Clauses 2.26 - 2.29
2. PROCEDURE
  1. When delay is apparent/likely - MC write to CA to notify
  2. Notice should identify cause - related to RELEVANT EVENTS & length of delay
  3. Give any other info required from CA/arch
  4. CA/Arch must notify MC of decision in writing
    1. either extending the completion date (stating the ampount if any i ddt form application) or confirming no EOT is granted
  5. TIME PERIODS
    1. CA/Arch has 12 wks from notification to decide on EOT
    2. if less than 12wks to PC - CA should endevour to make a decision b4
    3. CA/arch has 12wk after PC top review any previous EOT claims to award anything further
3. RELEVANT EVENTS
  1. Events that entitle MC to EOT
  2. 13 EVENTS
    1. DIS SSA FSS VIA
    2. Deferment of possession
    3. Impediment by emp
    4. Suspension for non-payment
    5. Statutory Powers excercises from UK gov
    6. Adverse Weather
    7. Force majure
    8. Strike/ lock out
    9. Statutory Authority works
    10. Variations
    11. Instructions
    12. Approx quants - inaccurate forecast
4. REDUCTION IN EOT
  1. RELEVANT OMISSION
    1. you can reduce EOT if works have been omitted from the contract - notify the MC of each reduction
  2. PRE-AGREE ADJUSTMENT
    1. Agreement with emp and MC but Ca cannot fix a date earlier than the date for completion in contract particulars
5. ASSESMENT
  1. CA has NO right to grant EOT for anything not related to RELEVANT EVENTS
  2. Assess each delay on the contract date
    1. 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
  3. CONCURRENT DELAYS
    1. 2/more delaying events can happen simultaneously/overlap and its difficult to decide where the EOT award lies
    2. where concurrent delays have two or more RELEVANT EVENTS it has be customary to grant the EOT to the dominant cause
    3. judge each event on its merits
    4. tests for determining the prevailing Delay
      1. “but for”
      2. Devlin approach
      3. dominant cause
  4. PROGRAMME FLOAT
    1. No clear rule over who ow the programme float - generally belongs to the contractor
    2. 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
ADVANTAGES OF EOT
1. Relieves MC liability 4 LD 4 delay that they did not cause
2. It enables another completion date to be set, which maintains thee employers ability to take liquidated damages if another delay occurs
TIME IS AT LARGE
1. No set completion date
2. MC only obligation to finish the works in a reasonable time
3. LD's cannot be levied
4. Emp would have to try and prove the MC had not completed in a reasonable time through courts
CULPABLE DELAY
1. MC delay is called 'culpable delay' when they go post the date for completion because they are culpably for LDS

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