chapter
Major Project Construction Contract
Pages 9

Carrying Out the Works Unlike under the majority of JCT contracts, the Employer gives the Contractor access to but not possession of the site. As a result, the Contractor does not have an exclusive right to the site and must be prepared for other contractors or persons to be working on site at the same time. The Contractor must complete the works by the Completion Date and any failure to comply with this entitles the Employer to deduct liquidated damages. The level of liquidated damages is to be found in the Contract Particulars, where they must be stated as a daily rate, unlike under other JCT contracts where it is open for the Employer to assess liquidated damages on whatever time basis he wishes. The Contractor does have the right to request an extension of time, although the list of reasons for which an extension of time may be granted is slightly shorter than in other JCT contracts. For example, the contractor may not request an extension of time in response to exceptionally adverse weather conditions or a strike, lockout, etc. that aff ects the works. On receiving a notifi cation of delay, the Employer has 6 weeks (compared to 12 weeks in SBC/Q) to notify the Contractor of the adjustment, if any, that is to be made to the completion date. A problem sometimes arises when a Contractor is being delayed by concurrent events; where one event would give rise to an extension of time and the other event would not. For example, the Contractor may be facing delays caused by a Change (i.e. claimable) and by the slow work of one of his sub-contractors (i.e. not claimable). It is generally accepted that, in this situation, the Employer should grant an extension of time based upon the claimable event; this principle has been expressly approved by the MP, and the Employer is obliged to follow this approach (clause 18.7.3).