ABSTRACT
I f execution o f the works is delayed or disrupted by acts o f the employer or o f the engineer acting as his agent-e.g. delay by the engineer in supplying necessary drawings, instructions, or inspecting w o r k under Condi t ions cl . 38 (1), delay due to late variations or by the employer in nomina t ing or re-nominating a sub-contractor, or caused by a supplier or contractor employed directly by the employer-the contractor may cla im compensation under one or more o f the fo l lowing headings:
(a) "extra cost... incurred" in giving effect to an order under c l . 40 o f the Condit ions to suspend the works , or presumably where the arbi t ra tor reverses an engineer's decision not to suspend the works . There is no requirement that the contractor must c la im a suspension (only that when a suspension order has been given the contractor must give notice o f c la im under c l . 52 (4)). I t may be that the engineer has a duty to give a suspension where a hold-up to the whole or any part o f the works is "necessary" because they cannot in fact proceed, part icular ly where the engineer or employer is responsible for the cause o f delay.
