Chapter 2Contracts and Case Law

2.1 Introduction

This chapter covers two subjects: ‘Contracts’ and ‘Case Law’. The first section concerns the two most popular forms of contract used in the UK: the JCT and the NEC. The chapter reviews the clauses relating to disruption, loss of productivity, acceleration and mitigation.

In the second section, I review case law regarding disputes and judgments concerning disruption, loss of productivity, acceleration and mitigation.

2.1.1 Contracts

All of the standard forms of contract and subcontract include clauses for dealing with delays to the project. Most of these standard forms require the contract administrator (architect or engineer) to deal with a contractor’s claim for loss and expense.

For example, JCT2011 contains the following in clause 2.19:

“If and whenever it becomes reasonably apparent that the progress of the Works or any Section is being or is likely to be delayed the Contractor shall forthwith give the Architect/Contract Administrator notice of the cause of the delay. If in the Architect/Contract Administrator's opinion completion of the Works or Section has been, is being or is likely to be delayed beyond the relevant Completion Date by any of the Relevant Events, then, save where these Conditions expressly provide otherwise, the Architect/Contract Administrator, as soon as he is able to estimate the length of the delay beyond that date, shall by notice to the Contractor give a fair and reasonable extension of time for ...

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