Page 50 - Interactive report Ar Site Practice

2. DELAY BY EMPLOYER

15 relevant events under clause 25.8

Contractual Effects:
•Contractor entitlement to claim for EOT
•Contractor entitle to claim for loss and expense
•Employer cannot impose LD because is own fault
•If delay is serious, contractor can terminate his employment

3. DELAY BY THIRD PARTIES (NEUTRAL EVENTS)

Weather, Act of God, Natural Justices
9 relevant events
Not the fault of contractor or employer
They have to bare with their own reponsibilities

Contractual Effects:
•Contractor entitlement to EOT
•Contractor not entitle to claim for loss and expense
•Employer cannot impose LD
• Employer and contractor should share the burden of delay

DAMAGES FOR NON-COMPLETION
Liquidated Damages and Certificate of Non-Completion if the Contractor fails to
complete the Works by the Completion Date, and the Architect is of the opinion that the
same ought reasonably so to have been completed, the Architect shall issue a

Certificate of Non-Completion. Upon the issuance of the Certificate of Non-
Completion, the Contractor shall pay or allow to the Employer a sum calculated at the
rate stated in the Appendix as Liquidated Damages for the period from the Completion
Date to the date of the Practical Completion. The Employer may recover such sum as a
debt or may deduct such sum from any monies due or to become due to the Contractor
under the Contract or the Employer may recover such sum from the Performance
Bond. The Employer shall inform the Contractor in writing of such deduction or such
debt due from the Contractor. The imposition of Liquidated Damages by the Employer
shall not be taken into account by the Architect in the insurance of payment certificates
and Final Certificate, and is not subject to the set-off procedures under Clause 30.4 and
adjudication.