Contractual Advice Essay Example | Topics and Well Written Essays - 1500 words

Contractual Advice - Essay Example gal standpoint, the architect is simply the administrator of the contract on behalf of the employer and may not modify or supplement the terms of the contract3, neither does he have the power to create new liabilities and obligations in the parties. Consequently, the architect is considered your employee and delays resulting from his/her side may be attributed to you rather than to the contractor. In this instance, since it is the architect who has required fresh obligations on the part of the contractor which may not have been a part of the original contract; therefore this particular extension of time of two days may have to be allowed. Further, this extension of time will also allow for financial recovery by the contractor. The contractor may be entitled to claim additional costs or loss and expense, because architect caused delays are the responsibility of the employer. I would thus conclude that the delay of time of 2 days caused by the architect requirements will have to be allowed and the contractor may also be entitled to loss and expense. Another cause of delay to the work on the ground floor is the freezing temperatures for three days. Under the JCT contract, it is only unusual or non typical weather conditions that can be grounds for extension of time. A contractor is expected to allow within the contract, some allowance for adverse weather conditions.4 Since the work was taken up in the months of January and February, where adverse weather conditions such as freezing temperatures have been known to occur, some provision should have been made by the contractor in the original contract. The weather records for the past five years or so must be compared to the weather patterns subsisting this year near this particular site and the contractor may be entitled to this extension only if the freezing temperatures are unusual or non typical, as compared to the weather records of previous years. I would also like to clarify that even if the extension is