Hello Mr. Testro,
We are in defects period for a $22m project in East Africa which was carried out under JCT SBC/Q 2009 (Rev 2) form. I/we have little experience with JCT.
The Architect issued Practical Completion already but the issue date was beyond the original contract completion date.We had applied for an EoT which went unanswered by the Architect.
No Non-Completion Certificate was issued but the Architect has now stated that LD's will be applied. Can he do this after P.C. and the fact that no Non-completion Cert. was issued?
The second part is that the delays were mostly attributable (but not yet proven) to a Listed Sub-Contractor. The issue was that there was in fact no list, so we didn't get a choice of Subcontractors. Is this something we can use to our benefit in negotiations?
Hi Brian - Sorry I did not get onto this sooner - I have been away from my desk.
If you read the JCT contract section 25 Extensions of time you will see that the Architect has not followed the rules - indeed he has exceeded his powers.
If you look at 188.8.131.52 you will see that the Architect is himself obliged to review all matters and award a reasonable EoT even if no claim has been made by the contractor.
When this 12 weeks have elapsed and still no response from the Architect then time would be "Set at Large" and no LAD's can be deducted.
That should be a pretty strong negotiating lever.
Even in the UK very few Architects realise the implications of 184.108.40.206 and I have used it to catch them out several times.
I hope that helps.