Similar to clause 63.9, if a change to the Works Information makes the description of the Condition for a Sectional Completion Date incorrect, can the Project Manager correct the description? Is this correction taken into account in assessing the compensation event for the change to the Works Information?
1 Like
There is no Condition stated for a Sectional Completion Date however I presume that you mean the description of the section and will answer on that basis.
The Project Manager does not have the power to instruct a change to a Sectional Completion Date in the same way that he can for a Key Date under clause 14.3 however the effects of the compensation event on planned Sectional Completion should be considered in the assessment of the compensation event. If after the instruction changing the Works Information has been issued it means the description of the Sectional Completion Date is no longer correct this should be notified as an ambiguity or inconsistency or an illegal or impossible requirement (whichever is most relevant) and resolved by the Project Manager. Note however that the Project Manager has fairly limited powers in respect of what he can instruct and it ultimately might be necessary to agree a variation to the contract in accordance clause 12.3.
2 Likes