JCT: Withheld RFI cause for delay

JCT Contracts General
1

Hi there, I’m writing a dissertation on a critical analysis of an extension of time.

In my particular project, the main contractor cited a relevant event as the late clarification of a floor finish which was a long lead item.

However, the floor finish has required clarification for a year prior and had not been pushed as an important RFI. Is there any cases of adjudication or something similar that reflects such a situation?

It feels as if the contractor has waited for a choice moment to claim an extension of time for a query they could have raised long before.

2

The Contractor is under an obligation to use best endeavours to mitigate delays so I would simply ask it why this RFI was not raised any earlier. In the absence of a satisfactory explanation you could argue that he has not complied with that obligation.