HT-2024-LDS-000014 - [2024] EWHC 3067 (TCC)

The Employer shall determine and notify the Contractor in writing of the date when the Works are complete.

Notwithstanding any other provision, the Contractor shall not become entitled to any payment, any loss and/or expense, or to any extension of time for the completion of the Works or any part of them on account of any circumstance arising by reason of any error, omission, negligence or default of the Contractor or of any sub-contractor or supplier, or of any of his or their employees or agents, including but not limited to the Contractor’s failure to notify the Employer timeously setting out details of the information the Contractor requires to comply with the Contractor’s obligations under this Work Order; or for any delay which is concurrent with another delay for which the Contractor is responsible.

Where NRSWA applies to the Works, the Employer shall make the relevant application to the street authority under NRSWA. The Contractor shall be entitled to an extension of time under clause 8.3 only to the extent the street authority agrees to such extension for completion and reinstatement, and not otherwise.

The Contractor shall constantly use his best endeavours to prevent delay in the progress of the Works, and to mitigate the effects thereof, however caused, and to prevent the completion of the Works being delayed or further delayed beyond the Completion Date.

If the Employer wishes to investigate the possibility of achieving completion of the Works before the Completion Date, it shall invite the Contractor to provide a quote identifying the time that can be saved and any additional associated cost. The Employer shall be under no obligation to accept the Contractor’s quote, and reserves the right to negotiate any proposed costings with the Contractor.