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15 Cards in this Set
- Front
- Back
What are extensions of time? What are the relevant clauses in JCT DB 11? |
Adjusts the completion date and relieves the contractor’s liability to pay liquidated damages for the period of the extension
Clause 2.23 |
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What are liquidated damages? What is the relevant clause in JCT DB 11? |
A genuine pre-estimate of the likely loss incurred by the employer should the completion date not be met |
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What must be in place before LDs can be deducted? |
A non completion certificate
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What if the client tells you the LDs are to be £100,000 per week? |
Check that they do believe that they are a genuine pre-estimate of likely loss
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What if the liquidated damages are construed to be a penalty? |
They will be unenforceable
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What are the benefits of liquidated damages to the contractor? |
The contractor knows the consequences of delay from the outset. |
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What if the employer actually suffered no loss / damage? |
It doesn’t matter
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What are the benefits of being able to grant an extension of time? |
It relieves the contractor’s liability for liquidated damages for a delay that they did not cause
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What happens when ‘time is at large’? |
There is no set completion date |
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What is the procedure for claiming an extension of time? |
As soon as it is reasonable apparent that a delay is or is likely to occur they should write to the architect to notify them |
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What are the time periods related to granting extensions of time? |
The architect has 12 weeks from notification to decide on an extension of time |
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What are Relevant Events, how many are there? |
13 events that entitle the contractor to an extension of time |
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What are the relevant events? |
In DB2011 they are set out in Clause 2.26 |
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What happens if there are several 'competing' cayuses of delay? |
If work is delayed due to two or more competing causes of delay, one the fault of the contractor and one the fault of the employer, is there an entitlement to an EOT/loss and expense?
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Who owns programme float? |
No clear rule – generally it belongs to the contractor |