APPENDICES APPENDIX 1 Time risks which may be borne by the employer

1.1 The generic intervening events, the time effect of which is at the employer s risk under some standard forms of contract, are listed below. 1.2 Under some contract forms, a risk that is ordinarily the employer s passes to the contractor if the occurrence could reasonably have been foreseen by an experienced contractor at the time of tender, or if the event is consequent upon any omission or default by the contractor. 1.3 The risks peculiar to a project will be set down in the contract conditions in one form or another and, in determining the nature of the risk, it is important that attention be paid to the precise phraseology used. 1.4 It is important to be familiar with these risks in order properly to appraise the need for contingencies in any particular case, for both the employer and contractor. 1.5 Subject to the terms of the particular contract, the contractor may be entitled to: compensation for a delay to progress; or an extension of time to complete; or an extension of time to complete and to compensation for prolongation arising out of the following intervening events:

1.5.1 Instructions given to: correct any ambiguities or discrepancies in the contract documents; investigate and report upon the practicality of alternative value engineering proposals; overcome unforeseen physical conditions or articial obstructions; correct any impossibility or illegality; rectify any error in setting out caused by incorrect data supplied by the design team; carry out exploratory work; ensure conformity with any Act of Parliament, regulation or bye-law; conform to any condition or limitation in any licence obtained after the award of the contract; dispose of human remains, fossils, coins, articles of value, or antiquity and structures, or other remains, or things of geological or archaeological interest; make any tests not described in the contract in sufcient detail for the contractor to have allowed for it in his tender;

Guide to Good Practice in the Management of Time in Complex Projects 2011 The Chartered Institute of Building. ISBN: 978-1-444-33493-7

The Chartered Institute of Building

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Guide to Good Practice in the Management of Time in Complex Projects

suspend the progress of the works or any part of the works; order any variation; order a change in the employer s requirements; expend a provisional, prime cost or contingency sum; make good the failure of a nomination; amend or alter the health and safety plan.

1.5.2 Variations arising from the supply to the contractor of modied drawings, or further drawings or instructions. 1.5.3 Any failure or inability of the contract administrator to issue, at a time reasonable in all the circumstances, drawings, specications or instructions necessary for the carrying out of the contract works. 1.5.4 The discovery of adverse physical conditions or articial obstructions.

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1.5.5 Any failure to consent in due time to a contactor s submittal. 1.5.6 The application of unreasonable conditions to consent to a contractor s submittal. 1.5.7 The rectication of loss or damage arising from any of the insured risks. 1.5.8 A failure to obtain any required consent for the permanent works. 1.5.9 Interference caused by any contractors employed by the employer. 1.5.10 Interference caused by any other properly authorised authority, or utility, or statutory undertaker in connection with their statutory obligations, or failure to do work. 1.5.11 The act, or omission of a nominated subcontractor and/or nominated supplier. 1.5.12 The discovery on the site of human remains, fossils, coins, articles of value, or antiquity and structures, or other remains, or things of geological or archaeological interest. 1.5.13 The uncovering, making openings in, or through, reinstating and making good any part or parts of the works covered, which are found to have been carried out in accordance with the contract. 1.5.14 A failure to give access, egress, or possession. 1.5.15 A failure to provide anything which the employer is to provide. 1.5.16 Any increase or decrease in the quantity of any work as a result of the quantities exceeding or being less than those stated in the bill of quantities. 1.5.17 The correction of any error in description in the bill of quantities. 1.5.18 The wrongful withholding of consent to the expulsion of a nominated subcontractor, pursuant to any forfeiture clause or rescission of the subcontract. 1.5.19 Any suspension by the contractor of the performance of his obligations for a failure to make payment. 1.5.20 A variation to the health and safety plan. 1.5.21 Any delay, impediment, prevention or default by the employer. 1.5.22 Exceptionally adverse weather conditions. 110

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1.5.23 Other special circumstances of any kind whatsoever that may occur. 1.5.24 Force majeure. 1.5.25 Strike, lockout, or combination of workmen, civil commotion, strikes or lockout. 1.5.26 The effect on labour, materials or goods of government acts or controls. 1.5.27 Inability to obtain labour, materials or goods, which could not have been foreseen at the date of tender. 1.5.28 An event beyond the contractor s control.

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