![HT-2024-LDS-000014 - [2024] EWHC 3067 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
The Works shall be carried out within standard working hours set out in the Order Information
The Works shall be carried out within standard working hours set out in the Order Information.
If the Contractor is delayed in completing the Works by the Completion Date for reasons beyond the Contractor’s control, including, the ordering of any Variation (provided such Variation is not occasioned by the Contractor’s default), the
Contractor shall notify the Employer in writing and shall provide such details as the Employer reasonably requires. Subject to clauses 8.4, 8.6, 8.7 and 8.8, the Employer shall give such extension of time (if any) to the Completion Date as may be reasonable, and notify the Contractor accordingly.
Where any Variation is necessary as a result of any negligence, act, omission, breach or default of the Contractor or any person employed or engaged by the Contractor, the Variation shall be carried out by the Contractor entirely at the
Contractor’s own cost and expense and the Contractor shall not be entitled to any payment or to any loss and/or expense, or any extension of time to the period(s) of completion of the Contractor’s obligations under this Work Order in respect of such Variation.
- Heading
- Introduction
- Background and Evidence
- Interpretation
- Commencement and Completion
- The Works shall be carried out within standard working hours set out in the Order Information
- The Employer shall determine and notify the Contractor in writing of the date when the Works are complete
- 11 Variations
- Any oral instructions given by the Employer requiring a Variation shall be confirmed in writing by the Employer
- The Law
- The Issues
- Is the Claimant’s application inappropriate to be decided in Part 8 proceedings?
- Did the email of 24 October 2023 amount to a variation or a cancellation of the Work Order in breach of contract?
- Did the terms of the Work Order allow the implication of a term preventing the Claimant from postponing the works?
- In any event, if there was a breach of any such implied term, is the Defendant precluded from recovering loss of profit or mobilisation and demobilisation costs as a result of
- Conclusions