Construction Law/Claim, due to Progress delay
QUESTION: One more Question the Subcontractor had referred wrong clause which is applicable for engineers responsibilities such as "Duties and authorities of Engineer" Clause The engineer shall carry out such duties in issuing decisions instructions certificates etc as are provided for in the contract" this clause shall be applicable in discharging Engineers duties
My question shall i Correct the Subcontractor to apply for its claim or its against me as per Contractor's representative please advice
ANSWER: ...in continuation to my reply on follow-up question
You may do so; but even if said correction is not made; it can be easily proven that the intention to use this clause was just an error and the reference was made inadvertently.
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QUESTION: In Contractor scope of work Contractor has to supply material such as pipes and in mechanical erection works Contractor has to supply Equipment, my questions is “then how much tolerance is applicable in accordance to following contractual clauses applicable for delays from contractor’s obligations against contract”. Since Subcontractor claims for failure of Contractor in supplying of material due to delays in delivery of equipment mainly for erection subcontractor and pipes for pipe fabrication and erection works.
We have a clause 1.1.14 in Subcontract Agreement covering nonproductive period due to weather downtime that may occur during the period of Agreement shall be considered or deemed to be included in Subcontract price. No standby charges are payable in the event of work stopped due to safety, breakdown or non-availability of Contractor’s material, equipment and general miss match of each Subcontractor works.
As per another clause 1.1.15 The Subcontract charges shall be include adequate allowance due to Port Congestions and surcharges, all duties and taxes of customs clearance etc.
Thanks for your follow-up.
All these factors should be considered while carrying out detailed analysis for the delay in question. Again, you must try to identify "Dominant Cause" for any delay....but I agree with you that any intentions in the Contract must be accounted for and shall be applicable.