ABSTRACT

The contracts allow extension when there is delay due to force majeure, which remotely could lead to damage to the works beyond the normal scope of insurance, although it is a much wider concept, so wide as to be almost limitless. Insurance was by the employer, so that all concerned were covered, as though they had insured themselves. The architect remains responsible, with the quantity surveyor, for settling with the subcontractor, and is required to issue a certificate which includes an amount for any balance of work by the subcontractor. The contractor is to be reimbursed for the work performed and other contractual amounts, which is more in line with the case of him determining against the employer, but without payment for materials and removal from site. If the contractor has determined due to the suspension, the employer will therefore remain out of pocket, as in other instances of the contractor determining.