Expert: Daniel Kazado Date: 7/3/2008 Subject: Failure of Nominated Subcontractor to Perform
Question Dear Daniel,
the question is:-
"Main contractor entered into a contract with the Nominated Subcontractor based on an agreed Clause 8.3 program for the Project.The nominated Subcontract at the mid of the project submits a rediculous revised program which affects the end date and they confirm they cant do anything better that it.Since the work which the Nominated Subcontractor is handling is a specilized design built works therefore appointing new contractor wont solve the purpose neither levying Liquidated damages as the amount of damages which client will levy will be a lot more than what he can't recover from the Nominated Subcontractor.
Now as its a failure on the part of the Nominated Subcontractor, therfore client is equally resposible for his failure. This argument for the Main Contractor can provide them an Extension of Time & money?
Regards,
KP
Answer Yes the contractor has right to request for EOT and relevant costs from the Employer because of Default of Nominated Sub-contractor. Please check the clause related with default of Nominated sub-contractor. In addition Main contractor shall prove with evidences that they do not have any effect on this delay. In addition main contractor shall not be delayed in other works which are not related with nominated sub-contractor. If the Employer has also signed the contract of the nominated sub-contractor it will add more evidence to the claim file.
