In the case of John L Haley Ltd v Dumfries v Galloway Regional Council (1988). Minutes of meeting which contain record of the Contractor s intention to claim for extension of time is not sufficient. There must be a written notice submitted by the Contractor. The Society of Construction Law Delay and Disruption Protocol (2002) stipulates that application for EoT should be made and dealt with as close in time as possible to the delay event that gives rise to the application.ĥ It is to be noted that the requirement to give notice as a condition precedent to entitlement is also incorporated in Clause 11.7 (a) in relation to claim for additional expenses caused by variation and Clause 24.1(a) in relation to claim for loss and expense caused by matters affecting the regular progress of the works.
Clause 23.1(a) further states that the giving of such written notice shall be a condition precedent to an entitlement of extension of time.Ĥ PURPOSE OF THE NOTICE The main purpose of the notice requirement is to warn the Architect as to events delaying the progress of the works to enable the Architect to monitor the situation, assess its effect and to make an effective evaluation on the extension of time to be given. Such notice must be given within 28 days from the date of the AI, CAI or the commencement of the Relevant Event, whichever is earlier.
TEL: FAX: WEBSITE :Ģ Overview to Clause 23 of PAM 2006 The requirement of submission of Notice and particulars for extension of time by Contractor under Clause 23.1 and sufficiency of information required from the Contractor under Clause Time for the Architect to decide on the extension of time under Clause 23.4 Consideration to be taken into account in assessing extension of time under Clause 23.5, 23.6 and Notification to Nominated Sub Contractor of Architect s decision under Clause Grant of Extension of time after issuance of Non-Completion Certificate under Clause Review of extension of time after Practical Completion under Clauseģ Is failure of contractor to give the requisite Notice under Clause 23.1 fatal to Application for Extension of Time? Clause 23.1(a) stipulates that the Contractor shall give written notice to the Architect his intention to claim for such extension of time together with an initial estimate of the extension of time required supported with all particulars of the cause of delay. 1 PAM NORTHERN CHAPTER SATURDAY, 27 FEBRUARY 2016 DELAY AND DISRUPTION IN CONSTRUCTION CONTRACTS BY LIM HOCK SIANG MESSRS PRESGRAVE & MATTHEWS STANDARD CHARTERED BANK CHAMBERS, 2 LEBUH PANTAI, PENANG, MALAYSIA.