- Clause 21- SECTIONAL CPC

- Clause 22- CNC

- Clause 23- EOT
THE CONDITIONS OF CONTRACT

Clause 21.0
 21. 0 Date Commencement, Postponement and
completion date
21.1 Commencement and completion

21.2 Sectional commencement dates

21.3 Sectional Completion dates

21.4 Postponement or suspension of the

works
 WHAT IS COMMENCEMENT DATE AND
COMPLETION DATE?

1. THERE ARE 2 SEPARATE IMPORTANT DATES IN A

BUILDING CONTRACT THAT MUST BE FIRMLY
ESTABLISHED BEYOND DOUBT.

2. DATE OF COMMENCEMENT MUST BE CONFIRMED IN

LETTER OF AWARD OR ELSEWHERE IN WRITING.

3. IF COMMENCEMENT DATE NOT ESTABLISH, DATE OF

COMPLETION CANNOT BE DETERMINE.

4. WHEN THE COMPLETION DATE CANNOT BE ESTABLISH,

EMPLOYERS WILL HAVE DIFFICULTIES TO IMPOSE LD.
 21. 0 Date Commencement, Postponement and
completion date
21.1 Commencement and completion
On the date of commencement, possession of the site shall
be given to the contractor who shall commence the
execution of the works and regularly and diligently proceed
21.2 Sectional commencement dates with and complete the same on or before the completion
date.
21.3 Sectional Completion dates In the event there Is delay by the employer in giving
possession of the site to the contractor, the architect shall an
21.4 Postponement or suspension of the EOT under clause 23.0 (f) .
works
Provided always that the delay in giving possession of the
site does not exceed period of delay stated in the appendix,
the contractor shall not be entitle to determine his
employment under the contract.
 WHAT HAPPEN IF EMPLOYER GIVE LATE
POSSESION TO THE CONTRACTOR?

1. REFER CLAUSE 21.1

-In the event there Is delay by the employer in giving possession of

the site to the contractor, the architect shall an EOT under
clause 23.0 (f) .

- Arch must ensure that period of delay is not longer than what is
stated in appendix or if non stated 3 month

- If more than the period of delay , the contractor shall be entitle

to determine his employment under the contract under clause
26.1 (d) (i)
 21. 0 Date Commencement, Postponement and
completion date

21.2 Sectional commencement dates Where there are different dates of commencement for
sections of the works, these shall be stated in the appendix

21.3 Sectional Completion dates

Short notes

•For determine section,

•Must be clear of the section, commencement date, completion
date and LD impose as appendix PAM 2006 below
 21. 0 Date Commencement, Postponement and
completion date
21.1 Commencement and completion
Where there are different completion dated for sections of
the works stated in the contract document, the architect shall
issue a certificate of sectional completion when the sections
21.2 Sectional commencement dates of the works are practically completed.
The provision of the contracts regard to
21.3 Sectional Completion dates
•practical completion and the defect liability period under
clause 15.0,
21.4 Postponement or suspension of the
works •EOT under 23.0,
•LD under 22.0 , and
• release of retention fund under clause 30.6
shall apply necessary changes as each such section was a
separate and distinct contract
 21.0 QUESTION RELATED TO SECTIONAL COMPLETION

WHAT IS THE EFFECT OF SECTIONAL

COMPLETION?

According to clause 21.3 , Relevant event takes effect

a) Arch issue Certificate of sectional completion

b) DLP occur for sectional parts
c) End for claims on Liquidated Damages
d) Release of half moeity for value of section parts
e) When DLP end- issue CMGD for section parts
f) When CMGD end- release of remaining half moeity for value
of section parts
 21. 0 Date Commencement, Postponement and
completion date
The architect may issue AI in regard to the postponement or
suspension of all or any part of the works to be executed
under the contract for a continuous period not exceeding the
period of delay stated in the appendix.
If the insurance is covered by the contractor under clause
19.0A and 20.0A, the contractor shall ensure full insurance
coverage for the whole period of postponement or
suspension or if the insurance is covered by the employer
21.4 Postponement or suspension of the
works
under clause 20.0 B or 20.0 C, the employer shall ensure
similar insurance coverage.
THE CONDITIONS OF CONTRACT

Clause 22.0
 22. 0 Damages For Non-Completion

22.1 Liquidated Damages and Certificate

of Non-Completion

22.2 Agreed Liquidated Damages amount

22.3 Certificate of Non-Completion

revoked by subsequent Certificate of
Extension of Time
 WHAT IS NON COMPLETION?

In reference to clause 22.1 PAM Contract 2006 non completion

can be define as :
1. If works not completed by Date Of Completion , and
2. Architect is of the opinion that the same ought reasonably
so to have been completed
3. Therefore work is not complete according to the contract
document
4. Architect can issue Certificate of Non completion
 WHAT IS THE EFFECT OF NON COMPLETION?

the Contractor shall pay or allow to the Employer a sum

calculated at the rate stated in the Appendix as Liquidated
Damages for the period from the Completion Date to the date of
Practical Completion
 22. 0 Damages For Non-Completion
If works not completed by Date Of Completion ;
22.1 Liquidated Damages and Certificate Architect is of the opinion that the same ought
of Non-Completion reasonably so to have been completed - Architect shall
issue a Certificate of Non-Completion .
17.2 Agreed Liquidated Damages amount
Upon CNC - the Contractor shall pay or allow to the
Employer a sum calculated at the rate stated in the
17.3 Certificate of Non-Completion
Appendix as Liquidated Damages for the period from
revoked by subsequent Certificate of the Completion Date to the date of Practical Completion
Extension of Time
Employer may recover through :
• sum as a debt
imposition of Liquidated • may deduct such sum from any monies due or to
Damages by the Employer shall become due to the Contractor under the Contract
not be taken into account by the • the Employer may recover such sum from the
Architect in the issuance of Performance Bond
payment certificates and Final
Certificate, and is not subject to The Employer shall inform the Contractor in writing of
the set-off procedures under such deduction or such debt due
Clause 30.4 and adjudication.
 WHAT IS LIQUIDATED DAMAGES?

According to Wikipedia
Liquidated damages (also referred to as liquidated and ascertained damages) are
damages whose amount the parties designate during the formation of a contract for
the injured party to collect as compensation upon a specific breach (e.g., late
performance).

There fore according to clause 22.1

Employer may recover through :
• sum as a debt
• may deduct such sum from any monies due or to become due to the
Contractor under the Contract
• the Employer may recover such sum from the Performance Bond
 PROCEDURE OF LD DEDUCTION

1. In 2006 - The Employer shall inform the Contractor in writing

of such deduction or such debt due. (There was no provision
for this in PAM 98 thus creating false sense of security that
employer may have waive the damages).

2. The imposition of Liquidated Damages by the Employer shall

not be taken into account by the Architect in the issuance of
payment certificates and Final Certificate, and

3. is not subject to the set-off procedures under Clause 30.4 and

adjudication.
 22. 0 Damages For Non-Completion
Liquidated Damages stated in the Appendix is a genuine
22.1 Liquidated Damages and Certificate pre-estimate of the loss and/or damage which the
of Non-Completion Employer will suffer in the event that the Contractor is
in breach of Clauses 21.0 and 22.0
22.2 Agreed Liquidated Damages amount
parties agree that by entering into the Contract, the
Contractor shall pay to the Employer the said amount, if
17.3 Certificate of Non-Completion
the same becomes due without the need for the
revoked by subsequent Certificate of Employer to prove his loss and/or damage unless the
Extension of Time contrary is proven by the Contractor
 COMPARISON PAM 98 AND 2006
In PAM 98 Clause 22.2 –
• LAD stated in appendix is to be deemed to be as the actual loss which employer will
suffer in the event that the contractor breach of the clause here of.
• The contractor by entering the contract agrees to pay employer said amount(s) if the
same become due without the need of the employer to prove his actual damage or loss.

In PAM 2006 Clause 22.2, additional wording in red

• Liquidated Damages stated in the Appendix is a genuine pre-estimate of the loss and/or
damage which the Employer will suffer in the event that the Contractor is in breach of
Clauses 21.0 and 22.0
• parties agree that by entering into the Contract, the Contractor shall pay to the
Employer the said amount, if the same becomes due without the need for the Employer
to prove his loss and/or damage unless the contrary is proven by the Contractor
 22. 0 Damages For Non-Completion
In the event the Architect issues a Certificate of Extension of
Time under Clauses 23.4, 23.9 and 23.10 which has the
effect of fixing a Completion Date which is later than the date
stated in a Certificate of Non-Completion previously issued,
such certificate shall have the effect of revoking the
Certificate of Non-Completion earlier issued

22.3 Certificate of Non-Completion

revoked by subsequent Certificate of Employer shall then revise the amount of Liquidated
Extension of Time Damages he is entitled to retain.

amount of Liquidated Damages retained exceeds the

amount the Employer is entitled to retain, he shall repay the
surplus amount to the Contractor within the Period of
Honouring Certificates from the date of the latest Certificate
of Extension of Time

If the Works is not completed by the Completion Date stated

in such Certificate of Extension of Time, the Architect shall
issue a further Certificate of Non-Completion.
 WHY WAS CLAUSE 22.3 INTRODUCED?

1. In Hudson building and engineering contract 11 edition on page 1175, It

states
2. “It has been seen that a great majority of construction at present day make
no express provisions for extension of time due to later events after the
period of culpable delay commenced, or for subsequent adjustment to the
deduction or recovery of liquidated damages which any such extension of
time would require.”

3. PAM 98 has no provision to cater for this problem thus leaving it to the
discretion of the architect to act on behalf of the contract.
4. PAM 2006 introduce this to clarify the action need to be taken by Arch to this
problem.
WHAT IS THE EFFECT OF GIVING NEW VO WORKS
AFTER CNC?

1. Contractor entitle for EOT under clause 23.9 of PAM contract

2006
2. New EOT given shall be added to completion date. ( top on
principle)
WHAT IS THE EFFECT OF EOT GIVEN AFTER CNC?

1. Employer shall then revise the amount of Liquidated Damages he

is entitled to retain.

2. amount of LD retained exceeds the amount the Employer is

entitled to retain, he shall repay the surplus amount to the
Contractor within the Period of Honouring Certificates from the
date of the latest Certificate of Extension of Time

3. If the Works is not completed by the Completion Date stated in

such Certificate of Extension of Time, the Architect shall issue a
further Certificate of Non-Completion.
THE CONDITIONS OF CONTRACT

Clause 23.0
 23. 0 Extension Of Time
23.1 Submission of notice and
particulars for extension of time

23.2 Delay by Nominated Sub·

Contractor

23.3 Insufficient information

23.4 Certificate of Extension of Time

23.5 Other consideration for extension of

time

23.6 Contractor to prevent delay

23.7 Notification to Nominated Sub-

Contractors

23.8 Relevant Events

23.9 Extension of time after the issuance

of Certificate of Non~Completion

23.10 Architect's review of extension of

time after Practical Completion
 WHAT IS EXTENSION OF TIME

a) Extension of time is a provision made in building

contracts for architects to grant extension of time
to the completion date

b) The extension of time given is subject to delay that

occur due to certain specified causes.
 WHY EOT CLAUSE IS INCLUDED IN CONTRACT?

E.O.T. clause is put into the Contract to cater for the

delay caused by:-

1) Employer or the Architect

2) Neither Party (neutral event)

 DELAY BY EMPLOYER OR ARCHITECT

• The EOT clause cover delays which is a result from the

employer and architect.

• Example: Delay giving possession of site, delay appointed

NSC, Delay giving AI, Delay supply material from own
source, breach of contract, late appointment of replacement
consultant, late giving entry to site.

• Without E.O.T. Clause, the completion of works delayed by

the Employer/Architect will also relieve the Contractor
from his liability to pay liquidated damages and the time
for completion may become at large.
 DELAY BY NEITHER PARTY (NEUTRAL EVENT)

i) To cover fair sharing of the risk between the parties.

ii) Example : force majeure, inclement of weather, civil

commotion, war damage, Discovery of antiquities, New
legal requirements, Delay by service provider, suspension
work directed by authority.

iii) No monetary compensation will be paid to the Contractor

if given EOT unless allowed for claim under L&E.

iv) Other neutral events that is not listed is to the discretion of

Architect.
THE CONDITIONS OF CONTRACT

Clause 23.1 – 23.10

 23. 0 Extension Of Time
23.1 Submission of notice and
particulars for extension of time

23.2 Delay by Nominated Sub· CLAUSE 23.1- 23.4 IS

Contractor

23.3 Insufficient information

ALL ABOUT THE
23.4 Certificate of Extension of Time PROCESS OF EOT.
 23. 0 Extension Of Time
23.1 Submission of notice and
Contractor is of the opinion that the completion of the Works
particulars for extension of time
is or will be delayed beyond the Completion Date by any of
22.2 Delay by Nominated Sub· the Relevant Events stated in Clause 23.8,
Contractor
he may apply for an extension of time provided always that
17.3 Insufficient information

17.3 Certificate of Extension of Time

23.1 (a) contractor shall give
17.3 Other consideration for extension of •written notice to the Architect his intention to claim for
time such extension of time
17.3 Contractor to prevent delay •together with an initial estimate of the extension of time he
may require
17.3 Notification to Nominated Sub-
Contractors •supported with all particulars of the cause of delay.

17.3 Relevant Events Such notice must be given within twenty eight (28) Days
from the date of the AI, CA! or the commencement of the
17.3 Extension of time after the issuance Relevant Event, whichever is earlier.
of Certificate of Non~Completion
such written notice shall be a condition precedent to an
17.3 Architect's review of extension of entitlement of extension of time
time after Practical Completion
 23. 0 Extension Of Time
23.1 Submission of notice and 23.1 (b)within twenty eight (28) Days of the end of the cause
particulars for extension of time of delay,
22.2 Delay by Nominated Sub·
Contractor
the Contractor shall send to the Architect his final claim for
17.3 Insufficient information extension of time duly supported with

17.3 Certificate of Extension of Time all particulars to enable the Architect to assess any
extension of time to be granted.
17.3 Other consideration for extension of
time
If the Contractor fails to submit such particulars within the
17.3 Contractor to prevent delay stated time (or within such longer period as may be agreed
in writing by the Architect,
17.3 Notification to Nominated Sub-
Contractors

17.3 Relevant Events it shall be deemed that the Contractor has assessed that
such Relevant Event will not delay the completion of the
17.3 Extension of time after the issuance Works beyond the Completion Date.
of Certificate of Non~Completion

17.3 Architect's review of extension of

time after Practical Completion
 23. 0 Extension Of Time
22.1 Submission of notice and
particulars for extension of time
Where the particulars of the written notice given under
23.2 Delay by Nominated Sub·
Contractor
Clause 23.1 include references to Nominated Sub-
Contractors, the Contractor shall forthwith send a copy of
17.3 Insufficient information such written notice and particulars to the Nominated Sub-
Contractor concerned.
17.3 Certificate of Extension of Time

17.3 Other consideration for extension of Short notes

time
•Contractor must CC copy his EOT notice to his NSC.
17.3 Contractor to prevent delay
•This provision ties up with PAM NSC sub contract clause 21
17.3 Notification to Nominated Sub-
requiring the NSC to give written notice to contractor of the
Contractors
sub contractor intention to claim for EOT.
17.3 Relevant Events
•Contractor shall inform architect and consultant and include
17.3 Extension of time after the issuance contractors comment on NSC application.
of Certificate of Non~Completion
•Contractor must also extend NSC application to architect.
17.3 Architect's review of extension of
time after Practical Completion
 23. 0 Extension Of Time
22.1 Submission of notice and If the Architect is of the opinion that the particulars submitted
particulars for extension of time by the Contractor are insufficient to enable him to decide on
22.2 Delay by Nominated Sub·
the application for extension of time,
Contractor the Architect shall within twenty eight (28) Days from receipt
of the Contractor's particulars under Clause 23.1 (b),
23.3 Insufficient information
He shall inform him of any deficiency in his submission and
17.3 Certificate of Extension of Time may require the Contractor to provide such further
particulars within a further twenty eight (28) Days or
17.3 Other consideration for extension of
time within such period of time as may be stated by the Architect
in writing .
17.3 Contractor to prevent delay

17.3 Notification to Nominated Sub- Short notes

Contractors
•If contractor submit insufficient document to enable Arch to
17.3 Relevant Events decide EOT claim,
17.3 Extension of time after the issuance
•Arch must inform contractor within 28 days of contractor notice.
of Certificate of Non~Completion

17.3 Architect's review of extension of

•Contractor have to provide sufficient doc within 28 days or as
time after Practical Completion Arch discretion
 23. 0 Extension Of Time
When the Contractor has submitted sufficient particulars for the
Architect's consideration,
the Architect shall subject to Clauses 23.5, 23.6 and 23.8,
consider the Contractor's submission and
• shall either reject the Contractor's application or
23.4 Certificate of Extension of Time • issue a Certificate of Extension of Time within six (6) Weeks
from the receipt of sufficient particulars.

•The Architect may issue the written notice of rejection or

• the Certificate of Extension of Time before or after the
Completion Date

Short notes

•This clause empowers architect whether to reject or approve the

EOT application.

•If reject – notice of rejection

•If approve – EOT cert within 6 weeks
 Procedure for appying EOT
When Contractor is of the opinion that the
•completion of the Works is or will be delayed beyond the
Completion Date by any of the Relevant Events stated in Clause 23.8,
•he may apply for an extension of time provided always that

Contractor give notice to the Architect If Don’t give notice

1. intention to claim for EOT , initial estimate of
Waive his EOT rights
EOT, all particulars of the cause of delay
2. within 28 days from the date of the AI, CA! or
the commencement of the Relevant Event,
whichever is earlier.
CONTRACTOR RESUBMIT

Extend notice to NSC if EOT ARCHITECT RECEIVE NOTICE

due to delay by NSC AND ASSESS EOT CLAIM

Sufficient information Information not sufficient

Arch Certify EOT within 6 weeks

from receipt of sufficient notice Arch Reject Arch Request more info within 28
EOT claim days of contractor notice
 23. 0 Extension Of Time
In assessing the extension of time, the Architect may take
into account the following:
23.5(a) the effect or extent of any work omitted under
the Contract, provided always that the Architect shall not fix
a Completion Date earlier than the Completion Date stated
in the Appendix; and
23.5 Other consideration for extension of 23.5(b) any other Relevant Events which in the
time Architect's opinion will have an effect on the
Contractor's entitlement to an extension of time

Short notes

•This clause empowers architect to consider relevant event which

contractor does no apply for EOT.

•Example – clients delay of payment, contractor may choose not to

apply under clause 23.8 (m)

•It ties back with the power of Arch to give EOT after CPC as per
clause 23.10.
 23. 0 Extension Of Time

The Contractor shall constantly use his best endeavor

to prevent or reduce delay in the progress of the Works, and
to do all that may reasonably be required to the satisfaction
23.6 Contractor to prevent delay of the Architect to prevent and reduce delay or further delay
in the completion of the Works beyond the Completion Date

Short notes

•The contractor has an obligation to proceed regularly and

diligently.

•Thus contractor has to manage any delay by responding when

spectra of delay arises.
 23. 0 Extension Of Time

The Architect shall notify every Nominated Sub-Contractor in

23.7 Notification to Nominated Sub- writing of each decision of the Architect when fixing a later
Contractors Completion Date

Short notes

•This clause require architect to notify every NSC when he makes

decision of on an EOT

•This is to enable NSC, whose work programme may be affected by

the EOT, to agree the necessary adjustment to the program with
the contractor.
 23.8 MATTERS AFFECTING THE REGULAR
PROGRESS OF THE WORK

The "Relevant Events" under Clause 23.8 can be

categorized into two groups :-

Group (a) : Neutral events that are beyond the control of

the parties

Group (b) : Events that are within the control of the

Employer / Architect :-
 CLAUSE 23.8 OVERVIEW OF EOT CLAUSE
Clause 23.8 Delay description Delay by
A Force Majeure Neutral event
B exceptionally inclement weather Neutral event
C loss and/or damage Neutral event
D civil commotion, strike or lockout a Neutral event
E Late AI Architect
F delay by the Employer in giving possession of the Site Employer
G compliance with AI issued by the Architect under clause 1.4, 11.2 and 21.4 Architect
H delay on the part of Nominated Sub-Contractors as NSC EOT clause Employer / Arch /
Neutral event
I re-nomination of Nominated Sub-Contractors as set out in Clause 27.11; Employer
J delay on the part of craftsmen, tradesmen or other contractors employed or engaged by the Employer Employer
K Delay/failure to supply materials and goods which the Employer had agreed to supply for the Works; Employer
L the opening up for inspection of any work covered up, testing any materials, goods or executed work Architect
M any act of prevention or breach of contract by the Employer; Employer
N war damage - Clause 32.1; Neutral event
O compliance with AI issued in connection with the discovery of antiquities under Clause 33.1; Employer
P compliance with any changes to any law, regulations, by-law or terms and conditions of any Neutral event
Appropriate Authority and Service Provider;
Q delay caused by any Appropriate Authority and Service Provider Neutral event
R appointment of a replacement Person under Articles 3, 4, 5 and 6; Employer
S compliance with AI issued in connection with disputes with neighbouring property owners Employer
T delay as a result of the execution of work for which a Provisional Quantity is included in the Contract Architect
Bills which in the opinion of the Architect is not a reasonably accurate forecast of the quantity of
work required;
U failure of the Employer to give in due time entry to or exit from the Site Employer
V suspension by the Contractor of his obligations under Clauses 30.7 and 30.8; Employer
W suspension of the whole or part of the Works by order of an Appropriate Authority due to negligence Employer/Arch
or omission on the parts of contractor or NSC /Consultant
X any other ground for extension of time expressly stated in the Contract Others
 23. 0 Extension Of Time

Clause 23.8 Delay description Delay by

a Force Majeure Neutral event
b exceptionally inclement weather Neutral event

c loss and/or damage occasioned by one or more Neutral event

of the contingencies referred to in Clause 20.A,
20.B or 20.C as the case may be, provided
always that the same is not due to any
negligence, omission, default and/or breach of
contract by the Contractor and/or Nominated
Sub-Contractors;

d civil commotion, strike or lockout affecting any Neutral event

of the trades employed upon the Works or any of
the trades engaged in the preparation,
manufacture or transportation of any materials
and goods required for the Works
 23. 0 Extension Of Time

Clause 23.8 Delay description Delay by

E Contractor not having received in due time the Architect
necessary AI (including those for or in regard
to the expenditure of P.c. Sums and Provisional
Sums, further drawings, details, levels and any
other information) for which he had specifically
applied in writing to the Architect.

The Contractor's application must be submitted

to the Architect in sufficient time before the
commencement of construction of the affected
works, to enable the Architect to issue the
necessary AI within a period which would not
materially affect the progress of the affected
works, having regard to the Completion Date.

Provided always that the AI was not required

as a result of any negligence, omission, default
and/or breach of contract by the Contractor
and/or Nominated Sub-Contractors
 23. 0 Extension Of Time

Clause 23.8 Delay description Delay by

F delay by the Employer in giving possession of Employer
(New clause) the Site or any section of the Site in accordance
with Clauses 21.1 and 21.2
G compliance with AI issued by the Architect Arch
under clause 1.4, 11.2 and 21.4
H delay on the part of Nominated Sub-Contractors Employer or Arch or
for the reasons set out in Clauses 21.4(a) to Neutral event as NSC EOT
21.4(i) of the PAM Sub-Contract 2006 clause

I re-nomination of Nominated Sub- Employer / Arch

(New clause) Contractors as set out in Clause 27.11;

J delay on the part of craftsmen, tradesmen Employer

or other contractors employed or engaged
by the Employer in executing work not
forming part of the Contract or the failure
to execute such work;
 23. 0 Extension Of Time

Clause 23.8 Delay description Delay by

K delay or failure in the supply of materials Employer
and goods which the Employer had agreed
to supply for the Works;

L the opening up for inspection of any work Arch/ Consultant

covered up, testing any materials, goods or
executed work in accordance with Clause 6.3,
unless the inspection or test:
23.8(1)(i) is provided for in the Contract Bills;
23.8(I)(ii) shows that the works, materials and
goods were not in accordance with the
Contract; or
23.8(1)(iii) is required by the Architect in
consequence of some prior negligence,
omission, default and/or breach of contract by
the Contractor;
 23. 0 Extension Of Time

Clause 23.8 Delay description Delay by

M any act of prevention or breach of contract Employer
by the Employer;
N war damage - Clause 32.1; Neutral event
(New clause)

O compliance with AI issued in connection Employer

(New clause)
with the discovery of antiquities under
Clause 33.1;

P compliance with any changes to any law, Neutral event

(New clause)
regulations, by-law or terms and conditions
of any Appropriate Authority and Service
Provider;
 23. 0 Extension Of Time

Clause 23.8 Delay description Delay by

Q delay caused by any Appropriate Authority and Neutral event
(New clause) Service Provider in carrying out, or failure to
carry out their work which affects the
Contractor's work progress. provided always
that such delay is not due to any negligence,
omission, default and/or breach of contract by
the Contractor and/or Nominated Sub-
Contractors
R appointment of a replacement Person under Employer
(New clause) Articles 3, 4, 5 and 6;

S compliance with AI issued in connection with Neutral event

(New clause) disputes with neighbouring property owners
provided always that such dispute is not caused
by negligence, omission, default and/or breach
of contract by the Contractor and/or Nominated
Sub-Contractors;
 23. 0 Extension Of Time

Clause 23.8 Delay description Delay by

T delay as a result of the execution of work for which a Arch
(New clause) Provisional Quantity is included in the Contract Bills
which in the opinion of the Architect is not a
reasonably accurate forecast of the quantity of work
required;

U failure of the Employer to give in due time entry to or Employer

(New clause) exit from the Site or any part through or over any
land, by way of passage adjoining or connected to the
Site and in possession or control of the Employer

V suspension by the Contractor of his obligations under Employer

(New clause) Clauses 30.7 and 30.8;

W suspension of the whole or part of the Works by order Employer

(New clause) of an Appropriate Authority provided the same is not
due to any negligence, omission, default and/or breach
of contract by the Contractor and/or Nominated Sub-
Contractors; and

X any other ground for extension of time expressly stated Others

in the Contract
 23. 0 Extension Of Time
Where a Relevant Event occurs after the issuance of the
23.9 Extension of time after the issuance Certificate of Non-Completion,
of Certificate of Non~Completion
the Architect shall grant an extension of time.
The extension of time granted shall be added to the
Completion Date of the Works or any section of the Works

Short notes

•This clause is expressly drafted to allow Arch to issue EOT after

issuance of CNC.

•Example : VO after CNC.

•Absence of this clause will render contract to be at large as arch

not empowered to give EOT.

•It is a mechanism for topping up of EOT for relevant events occur

after CNC.
 WHAT HAPPEN WHEN NEW AI GIVEN AFTER CNC
AND LAD HAS BEEN IMPOSED?
ACTUAL DATE COMPLETION
CNC ISSUED
NEW AI GIVEN BY ARCH FOR VO

CONTRACT PERIOD
PROJECTED
LAD IMPOSED DUE TO CNC DURATION OF NEW AI

EFFECT OF NEW AI – ARCH TO GIVE EOT TOP UP TO LAST COMPLETION DATE

EOT GRANT ON NEW AI NON COMPLETION CONTINUES

LD RETURN LD RETAIN
 23. 0 Extension Of Time

The Architect may (but not obliged to) within twelve (12)
Weeks after the date of Practical Completion review and fix
23.10 Architect's review of extension of a Completion Date later than that previously fixed,
time after Practical Completion
• if in his opinion the fixing of such later Completion Date is
fair and reasonable having regard to any of the Relevant
Events, whether upon reviewing a previous decision or
otherwise and whether or not a Relevant Event has been
specifically notified by the Contractor Wlder Clause 23.1.
• No such final review of extension of time shall result in a
decrease in any extension of time already granted by the
Architect.
• In the event the fixing of such later Completion Date affects
the amount of Liquidated Damages the Employer is entitled
to retain, he shall repay any surplus amount to the
Contractor within the Period of Honouring Certificates
THE CONDITIONS OF CONTRACT

THE END