JCT: No response on EOT / Variations

JCT Contracts General
1

We are the Subcontractor for a small project in which the programme has been extended by an additional 10 weeks then an additional 6 weeks totalling a 16 week EOT which is the same as the original Contract works programme. New programmes including impact programmes have been submitted for which the Main Contractor accepts the delays in principle due to access and methodology changes but does not want to entertain the cost element.

We have submitted the relevant variation notices in-line with the Contract but with the JCT Contract having no time scales for response included we are finding it difficult to get an agreement.

Please can you advise if there’s anything you’d recommend to push this forward?

2

I am not sure which of the JCT contracts you are using but under the 2016 design and build sub-contract the Main Contractor is allowed 16 weeks to make its mind up, which does seem a very long time when the extension that you seek is only 16 weeks!

I suggest that you ask them for their decision and push them on this regularly until the 16 weeks has expired. At that point you could then adjudicate the matter.