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What procedures are there to get the contractor to work in line with his programme within the SBC05 (rev 2006) other than serving a notice

+1 vote
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This question refers to a 21 week project where the contractors employment was eventually terminated at week 67.  The QS had not provided an amount in the Bill of Quantities for Liquidated damages, this was left blank.  The contractor performed very slowly as you can tell and there seemed to be no mechanism to get them to progress in line with their programme.

Thanks
asked Feb 15, 2013 in JCT Contracts by anonymous   1 4
   

1 Answer

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This highlights the challenge of contracts which do not put good programming at the heart of the contract. There are few sanctions.
The biggest incentive is that ther slow progress without entitlement to a variation means that they open themselves up to damages.
You mention that the LD's have been left blank - in these circumstances if the contractor fails to complete on time, the Employer may pursue a claim for damages under the normal operation of the law. This will incur the Employer in additional costs to pursue as the opportunity to have them quantified has been missed.
answered Jun 26, 2014 by Barry Trebes (22,470 points)