We are a subcontractor on a contract where the start date was deferred. The main contract is clear in this regard but I’m struggling to see how this is dealt with under the subcontract. The main contractor is saying that because they are not entitled to anything under clause 2.4 in their contract we are not entitled to anything but I can’t see how 2.4 is mirrored in the subcontract. Any help would be greatly appreciated.
Hi Richard,
Deferment of the giving of possession under the Main Contract is a Relevant Event under Clause 2.19.3 of the standard Sub-Contract Conditions - you would need to check the schedule of amendments of your Sub-Contract to see if the above clause (2.19.3) has been amended.
If everything is ok (no amendment) you are entitled to EOT but you need to give notice in accordance to clause 2.17, with any particulars if applicable.
The Main Contract would probably allow the Employer to defer possession (usually up to 6 weeks) with no compensation to the Main Contractor, but that has nothing to do with your rights (save for anything to the contrary within the schedule of amendments).
I hope this helps.
Thanks Peter,
That’s very helpful. There are various amendments to our contract but none that are relevant to this issue.