Extension of Time for Practical Completion. This Clause has been amended as follows:
(a) A new second paragraph has been added to require the Principal to notify the Superintendent if anything which the Principal is obliged to do or provide under the Contract may be delayed, with a corresponding obligation on the Superintendent to notify the Contractor of such likely delay. This obligation is currently absent in the 1986 edition. This approach— • better defines roles and responsibilities; • improves the important flow of information; and • allows for better project planning.
(b) Minor changes have been made to the list of causes for delay which may lead to an extension of time set out in paragraphs (a) and (b) of Clause 35.5. In particular an additional Clause ‘(x) any breach of the Contract by the Principal’ has been added to make it clear that a breach by the Principal may give a right to an extension of time. This approach more clearly defines a consequence of possible actions by the Principal. Licensed to Xx Xxxxx Xxxxxxx on 15 May 2009. 1 user personal user licence only. Storage, distribution or use on network prohibited (10027310).
(c) An important Clause has been added dealing with concurrent delays. The 1986 edition was silent on concurrent delays and the interpretation of the document was such that if any delay beyond the control of the Contractor caused a delay to the Contractor then (notwithstanding concurrent delay caused by the Contractor) the Contractor was nevertheless entitled to an extension of time as of right for the period that other cause of delay delayed the Contractor. This also had consequential cost ramifications because if one of those concurrent delays was due to a breach of contract by the Principal, the Principal was liable to pay damages under Clause 36 notwithstanding the fact that the Contractor may also have been contributing to the delay. This anomaly has now been corrected and the document strengthened, especially for Principals (and for Contractors also) as it will encourage Contractors to ensure that Contractor caused delays are removed as soon as possible. The Clause now provides that where there is more than one event causing delay and one of those events is not a cause which might lead to an extension of time, then the Contractor will not be entitled to an extension of time. This approach— • should encourage increased efficiency by Contractors; • removes a serious anomaly in the 1986 edition and thereby improves the clarity of document; and • should greatly mi...
Extension of Time for Practical Completion. Clause 35.5 is deleted and substituted with the following:
(a) Notwithstanding Clause 35.4A, the Contractor shall be entitled to an extension to the time for Practical Completion only when:
(i) it can demonstrate to the satisfaction of the Superintendent that it has been delayed in reaching Practical Completion by a cause in Clause 35.5(c) (having regard to Clauses 35.5(d), (e) and (f)) being a delay which affects the critical path of the Current Program;
(ii) the Contract does not prohibit the Contractor from having an Entitlement in relation to that cause; and
(iii) it has given all the notices required by, and strictly in accordance with, the requirements of this Clause 35.5.
(b) The Contractor shall not be entitled to an extension of time for Practical Completion for a particular delay unless it has satisfied the requirements of Clause 35.5(a) in relation to that delay.
(c) Subject to Clauses 35.5(d), (e) and (f) the causes of delay referred to in Clause 35.5(a) are:
(i) an act of public enemy, terrorism or a declaration of war;
(ii) an earthquake, fire or other catastrophic event by natural causes;
(iii) subject to Clause 35.5(e), an industrial action or industrial dispute;
(iv) a civil commotion or riot;
(v) a Latent Condition;
(vi) a direction for a variation where either a direction has been given by the Superintendent in accordance with Clause 40.1A(a) or a notice has been given by the Contractor strictly in accordance with Clause 40.1A(b);
(vii) delays by Authorities which a competent and experienced contractor could not reasonably have anticipated at the time the Contract is signed, except if the delay
A. relates to an Approval that under the Contract is the responsibility of the Contractor to obtain; or
B. in the opinion of the Superintendent, the Contractor failed to take proper and reasonable steps both to preclude or minimise the occurrence of the delay; or
C. is a delay by a local government authority (including regional or city municipal council) where the delay arose from the failure of the Contractor to comply with a requirement referred to in clause 14.
(viii) an order of a court which restrains the Contractor from or disrupts the Contractor in carrying out the Works (except where the order arises as a consequence of a breach of a duty owed at law by the Contractor to any person);
(ix) any material breach of the Contract by the Principal;
(x) any act or omission of the Superintendent, or any employee, subcontractor or agent of the Super...
Extension of Time for Practical Completion. When it becomes evident to the Contractor that anything, including an act or omission of the Principal, the Superintendent or the Principal’s employees, consultants, other contractors or agents, may delay the work under the Contract, the Contractor shall promptly notify the Superintendent in writing with details of the possible delay and the cause. When it becomes evident to the Principal that anything which the Principal is obliged to do or provide under the Contract may be delayed, the Principal shall give notice to the Superintendent who shall notify the Contractor in writing of the extent of the likely delay. If the Contractor is or will be delayed in reaching Practical Completion by a cause described in the next paragraph and within 28 days after the delay occurs the Contractor gives the Superintendent a written claim for an extension of time for Practical Completion setting out the facts on which the claim is based, the Contractor shall be entitled to an extension of time for Practical Completion. The causes are—
(a) events occurring on or before the Date for Practical Completion which are beyond the reasonable control of the Contractor including but not limited to— industrial conditions; inclement weather; Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract
(b) any of the following events whether occurring before, on or after the Date for Practical Completion—
(i) delays caused by— — the Principal; — the Superintendent; — the Principal’s employees, consultants, other contractors or agents;
(ii) actual quantities of work being greater than the quantities in the Bxxx of Quantities or the quantities determined by reference to the upper limit of accuracy stated in the Annexure (otherwise than by reason of a variation directed under Clause 40);
(iii) latent conditions;
Extension of Time for Practical Completion. (a) Subject to Clauses 19.4 and 19.5, if:
(i) a Delay Event occurs on or before the Date for Practical Completion and the Contractor is or will be delayed in achieving Practical Completion by the Date for Practical Completion by that Delay Event; or
(ii) an Tetra Tech-caused Delay or a Variation (other than a Variation requested by the Contractor for its own convenience under Clause 18.6 or a Variation that is necessary due to a breach of the Contract by the Contractor) occurs after the Date for Practical Completion and the Contractor is or will be delayed in achieving Practical Completion by that Tetra Tech-caused Delay or Variation; or
(iii) a DFAT-caused Delay occurs on or before the Date for Practical Completion and the Contractor is or will be delayed in achieving Practical Completion by the Date for Practical Completion, and in respect of which Tetra Tech has been granted an extension of time under the Head Contract, and within 10 Business Days from the date on which the Contractor reasonably became aware of the relevant Delay Event, the Contractor gives Tetra Tech a written claim for an extension of time to the Date for Practical Completion setting out:
(iv) the facts on which the claim is based; and
(v) the period for which an extension of time is claimed, and including all necessary supporting documentation and an updated Contractor’s Program (“Extension of Time Claim”), then the Contractor will be entitled to an extension of time for Practical Completion.
(b) If a Delay Event continues for a period longer than 20 Business Days from the time it commenced, the Contractor may amend any Extension of Time Claim given to Tetra Tech by submitting a revised Extension of Time Claim to Tetra Tech in respect of such continuing delay.
(c) Where more than one event causes concurrent delays and the cause of at least one of those events, but not all of them, is not a Delay Event, then to the extent that the delays are concurrent, the Contractor is not entitled to an extension of time to the Date for Practical Completion.
(d) Notwithstanding Clause 19.3(c), but subject to Clauses 19.4 and 19.5, the Contractor will be entitled to an extension of time if the concurrent delay occurs after the Date for Practical Completion and the cause of the delay is an Tetra Tech-caused Delay or a Variation (other than a Variation requested by the Contractor for its own convenience under Clause 18.6 or a Variation that is necessary due to a breach of the Contract by the Contracto...
Extension of Time for Practical Completion. Delete subclauses a(i) and (iii), (b)(ii), (iii), (v), (vi) and (vii).
