In the absence of an LAD clause in the above, how are delays caused by the sub-contractor dealt with - assuming there is no entitlement to an EOT.
Is it a breach of contract with recovery at common law?
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Paul, you would be normally looking at the relevant clause for failure of Sub-Contractor to complete on time (e.g. clause 2.21 in the 2011 edition) where it states that the Contractor is entitled to any direct loss and/or expense suffered as a result of such failure.
As for both Parties’ rights for damages at common law, these are usually preserved under the JCT forms; however, since there is a contractual remedy in place, I don’t see this route appropriate.
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