Common use of Notification and Procedure Clause in Contracts

Notification and Procedure. (1) If the Sub-Contractor considers that it is entitled to an adjustment to the Sub-Contract Sum or that it has any other entitlement under or in relation to the Sub-Contract (including damages for breach of contract on the part of the Contractor), the Sub-Contractor shall, as soon as practicable and in any event within12 working days after it became aware or should have become aware of such entitlement, give notice of this to the Contractor. The notice must prominently state that it is being given under this sub-clause 10(a)(1). Within a further 20 working days after giving the notice, the Sub-Contractor will give to the Contractor details of the following:- (i) all relevant facts about the claim (ii) a detailed calculation and (so far as practicable) a proposal, based on that calculation, of any adjustment to be made to the Sub-Contract Sum and of the amount of any other entitlement claimed by the Sub-Contractor (iii) if the total number of Site Working Days required for completion of the Sub-Contract works is increased by the delay, full details of the extent of the delay and the effect it is likely to have on the completion of the Sub-Contract works. (2) The Sub-Contractor shall provide any further information requested by the Contractor in relation to the event or circumstance. (3) If the Sub-Contractor does not give notice and details in accordance with and within the time provided in sub-clause 10(a)(1) notwithstanding anything else in the Sub-Contract the Sub-Contractor shall not be entitled to an increase to the Sub-Contract Sum and the Contractor shall be released from all liability to the Sub-Contractor in relation to the matter, except to the extent that the Contractor recovers additional payment from the Employer in respect of the Sub-Contract Works notwithstanding the failure of the Sub-Contractor to give such notice, in which case the Sub-Contractor will be entitled to corresponding payment valued in accordance with the Sub-Contract. (4) If the cause of the claim has a continuing effect, the Sub-Contractor shall update the above information at monthly intervals. (5) The Sub-Contractor shall keep detailed contemporary records to substantiate any aspect of an event or circumstance in relation to which it has, or is entitled to, give notice under this sub-clause 10(a) and its resulting costs. These shall include any records the Contractor directs the Sub-Contractor to keep. The Sub-Contractor shall provide the records to the Contractor if so directed. (6) If the Sub-Contractor gives notice in accordance with this sub-clause 10(a) but fails to give the details required within the time stipulated, the entitlement of the Sub-Contractor, if any, shall be reduced by the extent to which the Contractor has been prejudiced by the Sub- Contractor’s failure to provide such details. After the period of 20 working days for the provision of such details has expired, the Contractor may at any time demand that those details are provided within 10 working days of the demand. If the details are not provided within that period, the Sub-Contractor shall not be entitled to an increase in the Sub- Contract Sum or extension of time and the Contractor shall be released from all liability to the Sub-Contractor in connection with the matter. Such a demand for details shall prominently stated that it is being given under this sub-clause 10(a)(6).

Notification and Procedure. (1) If the Sub-Contractor considers that it is entitled to an adjustment to the Sub-Contract Sum or that it has any other entitlement under or in relation to the Sub-Contract (including damages for breach of contract on the part of the Contractor), the Sub-Contractor shall, as soon as practicable and in any event within12 within 10 working days after it became aware or should have become aware of such entitlement, give notice of this to the Contractor. The notice must prominently state that it is being given under this sub-clause 10(a)(1). Within a further 20 working days after giving the notice, the Sub-Contractor will give to the Contractor details of the following:- (i) all relevant facts about the claim (ii) a detailed calculation and (so far as practicable) a proposal, based on that calculation, of any adjustment to be made to the Sub-Contract Sum and of the amount of any other entitlement claimed by the Sub-Contractor (iii) if the total number of Site Working Days required for completion of the Sub-Contract works is increased by the delay, full details of the extent of the delay and the effect it is likely to have on the completion of the Sub-Contract works. (2) The Sub-Contractor shall provide any further information requested by the Contractor in relation to the event or circumstance. (3) If the Sub-Contractor does not give notice and details in accordance with and within the time provided in sub-clause 10(a)(1) notwithstanding anything else in the Sub-Contract the Sub-Contractor shall not be entitled to an increase to the Sub-Contract Sum and the Contractor shall be released from all liability to the Sub-Contractor in relation to the matter, except to the extent that the Contractor recovers additional payment from the Employer in respect of the Sub-Contract Works notwithstanding the failure of the Sub-Contractor to give such notice, in which case the Sub-Contractor will be entitled to corresponding payment valued in accordance with the Sub-Contract. (4) If the cause of the claim has a continuing effect, the Sub-Contractor shall update the above information at monthly intervals. (5) The Sub-Contractor shall keep detailed contemporary records to substantiate any aspect of an event or circumstance in relation to which it has, or is entitled to, give notice under this sub-clause 10(a) and its resulting costs. These shall include any records the Contractor directs the Sub-Contractor to keep. The Sub-Contractor shall provide the records to the Contractor if so directed. (6) If the Sub-Contractor gives notice in accordance with this sub-clause 10(a) but fails to give the details required within the time stipulated, the entitlement of the Sub-Contractor, if any, shall be reduced by the extent to which the Contractor has been prejudiced by the Sub- Contractor’s failure to provide such details. After the period of 20 working days for the provision of such details has expired, the Contractor may at any time demand that those details are provided within 10 working days of the demand. If the details are not provided within that period, the Sub-Contractor shall not be entitled to an increase in the Sub- Contract Sum or extension of time and the Contractor shall be released from all liability to the Sub-Contractor in connection with the matter. Such a demand for details shall prominently stated that it is being given under this sub-clause 10(a)(6).

Notification and Procedure. In the event of the Contractor:- (1) If Requiring or authorising in writing any variations of or omissions from the Sub-Contract Works; or (2) Issuing in writing to the Sub-Contractor considers that it is entitled to an adjustment to any instructions of the Sub-Contract Sum or that it has any other entitlement under or Architect/Engineer in relation to the Sub-Contract Works (including damages for breach of contract on the part of the Contractorwhether in regard to variations or otherwise howsoever), ; or (3) Issuing to the Sub-Contractor shallany verbal instructions or directions involving a variation, as soon as practicable and such instructions shall be confirmed in any event within12 working days after it became aware or should have become aware of such entitlement, give notice of this to the Contractor. The notice must prominently state that it is being given under this sub-clause 10(a)(1). Within a further 20 working days after giving the notice, writing by the Sub-Contractor will give to the Contractor details within five days and if not dissented from in writing by the Contractor to the Sub-Contractor within a further five days, shall be deemed to be a variation of the following:- (i) Sub-Contractor Works; Then the Sub-Contractor shall forthwith comply with and carry out the same in all relevant facts about respects accordingly. If compliance with such instructions or directions involves the claim (ii) Sub-Contractor in loss or expense beyond that provided for in or reasonably contemplated by this Sub-Contract, then the Sub- Contractor shall forthwith notify the Contractor and the amount of such loss or expense shall be ascertained and added to the Contract Sum. Where a detailed calculation and (variation by way of omission is, as compared with the works included in the Sub-Contract in a character so far as practicable) extensive that in the opinion of the Architect the Sub-Contractor has sustained a proposalloss by reason of, based on that calculationprior to the notification to him of such variation, having properly incurred expenses which in consequence of any adjustment the variation have become wholly or in part unnecessary, there shall be added to the Sub- Contract Sum a sum to be made to ascertained by the Architect as being in all circumstance reasonable compensation for such loss. If through variation and/or omission the final measurement shows a credit on the Sub-Contract Sum the Sub-Contractor shall be entitled, if agreed by the Architect, to an allowance of 10% on this credit. P.C. Sums, Provisional Sums, Provisional Works and of Contingency Sums and the amount of any adjustment under Clause 10(b)(2) of this Sub-Contract are not to be taken into account in arriving at the credit on which this allowance is based. Save as aforesaid no variation or omission from or other entitlement claimed alteration or modification of the Sub- Contract shall be made or allowed by the Sub-Contractor (iii) if the total number of Site Working Days required for completion of the Sub-Contract works is increased by the delay, full details of the extent of the delay and the effect it is likely to have on the completion of the Sub-Contract works. (2) The Sub-Contractor shall provide any further information requested by the Contractor in relation to the event or circumstance. (3) If the Sub-Contractor does not give notice and details in accordance with and within the time provided in sub-clause 10(a)(1) notwithstanding anything else in the Sub-Contract the Sub-Contractor shall not be entitled to an increase to the Sub-Contract Sum and the Contractor shall be released from all liability to the Sub-Contractor in relation to the matter, except to the extent that the Contractor recovers additional payment from the Employer in respect of the Sub-Contract Works notwithstanding the failure of the Sub-Contractor to give such notice, in which case the Sub-Contractor will be entitled to corresponding payment valued in accordance with the Sub-Contract. (4) If the cause of the claim has a continuing effect, the Sub-Contractor shall update the above information at monthly intervals. (5) The Sub-Contractor shall keep detailed contemporary records to substantiate any aspect of an event or circumstance in relation to which it has, or is entitled to, give notice under this sub-clause 10(a) and its resulting costs. These shall include any records the Contractor directs the Sub-Contractor to keep. The Sub-Contractor shall provide the records to the Contractor if so directed. (6) If the Sub-Contractor gives notice in accordance with this sub-clause 10(a) but fails to give the details required within the time stipulated, the entitlement of the Sub-Contractor, if any, shall be reduced by the extent to which the Contractor has been prejudiced by the Sub- Contractor’s failure to provide such details. After the period of 20 working days for the provision of such details has expired, the Contractor may at any time demand that those details are provided within 10 working days of the demand. If the details are not provided within that period, the Sub-Contractor shall not be entitled to an increase in the Sub- Contract Sum or extension of time and the Contractor shall be released from all liability to the Sub-Contractor in connection with the matter. Such a demand for details shall prominently stated that it is being given under this sub-clause 10(a)(6).

Notification and Procedure. (1) If the NN Sub-Contractor considers that it is entitled to an adjustment to the Sub-Contract Sum or that it has any other entitlement under or in relation to the Sub-Contract (including damages for breach of contract on the part of the Contractor), the NN Sub-Contractor shall, as soon as practicable and in any event within12 within 10 working days after it became aware or should have become aware of such entitlement, give notice of this to the Contractor. The notice must prominently state that it is being given under this sub-clause 10(a)(1). Within a further 20 working days after giving the notice, the NN Sub-Contractor will give to the Contractor details of the following:- (i) all relevant facts about the claim (ii) a detailed calculation and (so far as practicable) a proposal, based on that calculation, of any adjustment to be made to the Sub-Contract Sum and of the amount of any other entitlement claimed by the NN Sub-Contractor (iii) if the total number of Site Working Days required for completion of the Sub-Contract works is increased by the delay, full details of the extent of the delay and the effect it is likely to have on the completion of the Sub-Contract works. (2) The NN Sub-Contractor shall provide any further information requested by the Contractor in relation to the event or circumstance. (3) If the NN Sub-Contractor does not give notice and details in accordance with and within the time provided in sub-clause 10(a)(110(a) (1) notwithstanding anything else in the Sub-Sub- Contract the NN Sub-Contractor shall not be entitled to an increase to the Sub-Contract Sum and the Contractor shall be released from all liability to the NN Sub-Contractor in relation to the matter, except to the extent that the Contractor recovers additional payment from the Employer in respect of the Sub-Contract Works notwithstanding the failure of the NN Sub-Contractor to give such notice, in which case the Sub-NN Sub- Contractor will be entitled to corresponding payment valued in accordance with the Sub-Sub- Contract. (4) If the cause of the claim has a continuing effect, the NN Sub-Contractor shall update the above information at monthly intervals. (5) The NN Sub-Contractor shall keep detailed contemporary records to substantiate any aspect of an event or circumstance in relation to which it has, or is entitled to, give notice under this sub-clause 10(a) and its resulting costs. These shall include any records the Contractor directs the NN Sub-Contractor to keep. The NN Sub-Contractor shall provide the records to the Contractor if so directed. (6) If the Sub-Contractor gives notice in accordance with this sub-clause 10(a) but fails to give the details required within the time stipulated, the entitlement of the Sub-Contractor, if any, shall be reduced by the extent to which the Contractor has been prejudiced by the Sub- Contractor’s failure to provide such details. After the period of 20 working days for the provision of such details has expired, the Contractor may at any time demand that those details are provided within 10 working days of the demand. If the details are not provided within that period, the Sub-Contractor shall not be entitled to an increase in the Sub- Contract Sum or extension of time and the Contractor shall be released from all liability to the Sub-Contractor in connection with the matter. Such a demand for details shall prominently stated that it is being given under this sub-clause 10(a)(6).