Construction Law/GC 21 Second Edition NSW Extension of time
I am not sure if you are familiar with GC 21 General Terms and Conditions (Second Edition), if not feel free to follow the link below: http://www.rta.nsw.gov.au/doingbusinesswithus/downloads/contracts/08.2613.0126.p
The Contract provides no clear direction on the extension of time caused by Inclement weather. However, Clause 50.1.1 establishes clear boundaries "the Contractor is or will be delayed in achieving Completion by a cause beyond the control of the Contractor, inbcluding an act, default or omission of the Principal, but not including any cause which yhe Contract expressly states is at the Contractor's risk of for which the Contract expressly precludes a claim for extension of time..."
The statement is very and ambigous to me. The clariity of it is in the statement "anything beyond Contractors control". This could be anything in construction. However, ambiguity always exists.
Question1: Has the Superintendent rights to reject a claim for Inclement weather, taking into consideration no other arrangments, exclusions have been made in the contract and during pre-tender period.
Question 2: Has the Superintendent rights to reject a recovery day / days for inclement weather. Example, it rains today but does not rain the following day / days, however the impact of wet days prevents the Contractors from doing any works the day / days after the rain event.
Question 3: In an event wher an extension of time is granted, does tha mean the Client / Proncipal / Superintendent is to compensate for all costs associated for constructing a job beyond the completion date. The compensation includes all costs associated woth overhead,site running costs, cost of plant, equipment etc.
My answer is based on New South Wales Government GC21 (Edition 1) RTA General Conditions of Contract which I found from the link you provided.
The phrases “beyond the control of the Contractor”
and “the Contractor has not contributed in any way to the delay”
are two prequalifying conditions or prerequisites to Contractor’s entitlement to Extension of Time as mentioned under clause54.1.1.
Delay due to inclement weather may qualify or entitles the Contractor to an Extension of Time provided that he can show and demonstrate that delay caused by inclement weather has impacted the Time for Completion, he can demonstrate that he mitigated the delay caused by such event and he has submitted a required notice.
The contract should clearly define the allocation of risks.
is relevant and deals with Extensions of Time
and par. 1
of clause 54 states that “…the Principal will extend the time for Completion if there is nothing the Contractor can reasonably do to avert circumstances beyond its control to avoid delay…”
Answers to your questions:
He has the right provided that his basis to reject a claim for inclement weather is valid and in accordance with the contract and law of Australia.
Almost same as 1, Clause 54 deals with Extension of Time and clearly stipulates the procedures and requirements for submission of claim for Extension of Time.
states that “The Contractor is entitled to delay costs at the rate or rates in Contract Information item 51A for the number of working days by which the time for Completion is extended of a delay caused only by: 1. A Variation………….2.a breach of the Contract by the Principal which caused delay, disruption or interference to the Contractor carrying out the Works.”
You may try to submit a claim based on clause 72.
Hope the above helps.
Jonathan L. Peralta