Contract Management
Content
QUESTION 1 Note down by the side of each delay listed under EOT clause in PWD and PAM form of contract by which group of delay does is belong to: Group A Group B
P.W.D. form 203A
43.1(a)Force majeure Group A 43.1(b)Exceptionally inclement weather Group A
PAM contract 2006
23.8(a)Force majeure Group A 23.8(b)Exceptionally inclement weather Group A 23.8(c)Loss and/or damage occasioned by one or more of the contingencies referred to in clause 20.A, 20.B or 20.C as the case may be provide always that the same is not due to any negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-Contractor. Group A 23.8(d)Civil commotion, 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 material and good required for the works. Group A 23.8(e)The contractor not having received in due time necessary AI
Under clause 57.2(f) Group A
43.1(f)The contractor not having received in due time instruction in regard to the nomination of sub-contractor and/or suppliers provided in this contract, necessary instructions, drawings or levels for the execution of the from the S.O. due to any negligence or default of the S.O. PROVIDED THAT the contractor shall have specifically applied in writing on a date which having regard to the date for completion stated in Appendix or to any extension of time then fixed under this clause, was neither unreasonably distat from nor unreasonably close to the date on which it was necessary for him to receive the same. Group B
43.1(h)Delay on the part of artists, tradesmen, or other engaged by the government in the executing work not forming part of this contract. Group B 43.1(e)S.O 's instruction issued under clause 5 hereof, PROVEDED THAT such as instructions are not issued due to any act, negligence, default or breach of htis contractby the contractor or any sub contractor, nominated or otherwise. Group B 43.1(j)Delay on the part of the nominated Sub-Contractor and/or Nominated supplier to perform their works. Group B
23.8(f) Delay by the employer in giving possession of the site or any section of the site. Group B 23.8(g)Compliance with AI issued by the architect Group B
43.1(i)The contractor 's inability for reason beyond his control and which he could not reasonable have foreseen at the date of closing of the tender of his contract to secure such good, materials and/or services as are essential to the proper carrying out of the work. Group B 43.1(l)The contractor's inability for a reason beyond his good control to secure such good, material, and services are essential to the proper caring out of the office. Group A
23.8(h)Delay on the part of nominated Subcontractor for the reasons set out in Clause 21.4(a) to 21.4(w) of the PAM Sub-contract 2006. Group B 23.8(i)Re-nomination of the Nominated Subcontractors as set out in Clause 27.11 Group B 23.8(j)Delay on the part of craftmen, tradesmen, or other contractors employed or engaged by the employer in executing work not forming pert of the contract or the failure to execute such work Group B
Under clause 5.1(f) Group B
43.1(g)Delay in giving possession of the site Group B
23.8(k)Delay or failure in the supply of the material and goods which the employer had agreed to supply for the works. Group B 23.8(l)The opening up for inspection of any work covered up, testing any materials, goods or executed work Group B 23.8(m)Any act of prevention or breach of contract by the employer. Group B 23.8(n)War damages Group A 23.8(o)Compliance with AI issued in connection with the discovery of antiquities Group B
23.8(p)Compliance with any changes to any law, regulation, by law or term and conditions of any appropriate Authority and service provider. Group A 23.8(q)Delay caused by any appropriate Authority and service provider in carrying out, in failure to carry out their work which affected the contractor's work progress, provided always that such delay is not due to any negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-contractor. Group B 43.1(d)Direction given by S.O., consequential upon dispute with neighbouring owners provided the same is not due to any act, negligence or default of the contractor or any sub-contractor, nominated or otherwise. Group B 23.8(r)Appointment of a replacement person. Group B 23.8(s)Compliance with AI issued in connection with disputes with neighbouring property owners provided always that such dispute is not cause by negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-contractor. Group B 23.8(t)Delay as a result of the execution of work for which a provisional Quantity is included in the contract bills which in the opinion of the architect is not a reasonable accurate forecast of the quantity of work required. Group B 23.8(u)Failure of the employer to give in due time entry to or exit from the site or any part thought or over any land, by way of passage adjoining or connected to the site and in possession or control of the employer Group B 43.1(c)Suspension of work Group B 23.8(v)Suspension by the contractor of his obligations Group B
23.8(w)Suspension of the whole or part of the work by order of an appropriate authority provided the same is not due to any negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-contractor. Group B 23.8(x)Any other ground for the extension of time expressly stated in the contract. Group B
QUESTION 2 What is the relationship between time claim and money claim under group a and group b.
Time claim and money claim are two different thing. there is not relationship between both. there is no logical and legal connection between the provisions empowering the S.O to extend the time for completion and those which required him to ascertain and certify sums to the contractor as direct loss and/or expenses. claim for time and money are completely separate. claim for time are exist when the time for completion of work are not enough and claim for money are when the certain work are finish and depend on the work in that month.
The grant for an EOT may will not necessary or automatically entitled the contractor to reimbursement for direct loss and/or expenses. It can be refer the cases of fair weather (H) & Co Ltd V Wandsworth LBC (1987), If there the events of delay are cause on behalf of their negligence, the contractor just need to pays Liquidated Ascertained Damage (LAD) to claim EOT. And the Standard form do not required a money claim to be preceded or granted with EOT.
P.W.D. form 203A
43.1(a)Force majeure Group A 43.1(b)Exceptionally inclement weather Group A
PAM contract 2006
23.8(a)Force majeure Group A 23.8(b)Exceptionally inclement weather Group A 23.8(c)Loss and/or damage occasioned by one or more of the contingencies referred to in clause 20.A, 20.B or 20.C as the case may be provide always that the same is not due to any negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-Contractor. Group A 23.8(d)Civil commotion, 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 material and good required for the works. Group A 23.8(e)The contractor not having received in due time necessary AI
Under clause 57.2(f) Group A
43.1(f)The contractor not having received in due time instruction in regard to the nomination of sub-contractor and/or suppliers provided in this contract, necessary instructions, drawings or levels for the execution of the from the S.O. due to any negligence or default of the S.O. PROVIDED THAT the contractor shall have specifically applied in writing on a date which having regard to the date for completion stated in Appendix or to any extension of time then fixed under this clause, was neither unreasonably distat from nor unreasonably close to the date on which it was necessary for him to receive the same. Group B
43.1(h)Delay on the part of artists, tradesmen, or other engaged by the government in the executing work not forming part of this contract. Group B 43.1(e)S.O 's instruction issued under clause 5 hereof, PROVEDED THAT such as instructions are not issued due to any act, negligence, default or breach of htis contractby the contractor or any sub contractor, nominated or otherwise. Group B 43.1(j)Delay on the part of the nominated Sub-Contractor and/or Nominated supplier to perform their works. Group B
23.8(f) Delay by the employer in giving possession of the site or any section of the site. Group B 23.8(g)Compliance with AI issued by the architect Group B
43.1(i)The contractor 's inability for reason beyond his control and which he could not reasonable have foreseen at the date of closing of the tender of his contract to secure such good, materials and/or services as are essential to the proper carrying out of the work. Group B 43.1(l)The contractor's inability for a reason beyond his good control to secure such good, material, and services are essential to the proper caring out of the office. Group A
23.8(h)Delay on the part of nominated Subcontractor for the reasons set out in Clause 21.4(a) to 21.4(w) of the PAM Sub-contract 2006. Group B 23.8(i)Re-nomination of the Nominated Subcontractors as set out in Clause 27.11 Group B 23.8(j)Delay on the part of craftmen, tradesmen, or other contractors employed or engaged by the employer in executing work not forming pert of the contract or the failure to execute such work Group B
Under clause 5.1(f) Group B
43.1(g)Delay in giving possession of the site Group B
23.8(k)Delay or failure in the supply of the material and goods which the employer had agreed to supply for the works. Group B 23.8(l)The opening up for inspection of any work covered up, testing any materials, goods or executed work Group B 23.8(m)Any act of prevention or breach of contract by the employer. Group B 23.8(n)War damages Group A 23.8(o)Compliance with AI issued in connection with the discovery of antiquities Group B
23.8(p)Compliance with any changes to any law, regulation, by law or term and conditions of any appropriate Authority and service provider. Group A 23.8(q)Delay caused by any appropriate Authority and service provider in carrying out, in failure to carry out their work which affected the contractor's work progress, provided always that such delay is not due to any negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-contractor. Group B 43.1(d)Direction given by S.O., consequential upon dispute with neighbouring owners provided the same is not due to any act, negligence or default of the contractor or any sub-contractor, nominated or otherwise. Group B 23.8(r)Appointment of a replacement person. Group B 23.8(s)Compliance with AI issued in connection with disputes with neighbouring property owners provided always that such dispute is not cause by negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-contractor. Group B 23.8(t)Delay as a result of the execution of work for which a provisional Quantity is included in the contract bills which in the opinion of the architect is not a reasonable accurate forecast of the quantity of work required. Group B 23.8(u)Failure of the employer to give in due time entry to or exit from the site or any part thought or over any land, by way of passage adjoining or connected to the site and in possession or control of the employer Group B 43.1(c)Suspension of work Group B 23.8(v)Suspension by the contractor of his obligations Group B
23.8(w)Suspension of the whole or part of the work by order of an appropriate authority provided the same is not due to any negligence, omission, default and/or breach of contract by the contractor and/or Nominated Sub-contractor. Group B 23.8(x)Any other ground for the extension of time expressly stated in the contract. Group B
QUESTION 2 What is the relationship between time claim and money claim under group a and group b.
Time claim and money claim are two different thing. there is not relationship between both. there is no logical and legal connection between the provisions empowering the S.O to extend the time for completion and those which required him to ascertain and certify sums to the contractor as direct loss and/or expenses. claim for time and money are completely separate. claim for time are exist when the time for completion of work are not enough and claim for money are when the certain work are finish and depend on the work in that month.
The grant for an EOT may will not necessary or automatically entitled the contractor to reimbursement for direct loss and/or expenses. It can be refer the cases of fair weather (H) & Co Ltd V Wandsworth LBC (1987), If there the events of delay are cause on behalf of their negligence, the contractor just need to pays Liquidated Ascertained Damage (LAD) to claim EOT. And the Standard form do not required a money claim to be preceded or granted with EOT.
