Contract Practice - Level 3 (EOT)

Question 1

Are all Relevant Events also Relevant Matters?

Answer 1

No!

Relevant Event - EOT (Time)
Relevant Matter - Loss & Expense (Time & Money)

Question 2

You talk about advising on issuing an EAI preventing the Contractor in carry out works and entitle them to an extension of time. Was this not a relevant matter and therefore time and money?

Answer 2

Yes this could have been a relevant matter and entitled them to loss and expense

Question 3

What is a Relevant Matter?

Answer 3

Term in the contract relating to categories for which a Contractor is entitled to an Extension of Time and Money

An something the client has caused that has resulted in a delay for the Contractor and entitles them to an EOT and L&E

(D&B Clause 4.21)

Question 4

What is a Relevant Event?

Answer 4

A term in the contract relating to categories for which a Contractor is Entitled to an Extension of Time.

A list of instances in the contract which, in theory, if they happen will entitle the Contractor to an EOT

(D&B Clause 2.26)

Question 5

Why is it important for the Contractor to get an EOT?

Answer 5

If they need to extend their programme and mitigate the need for Liquidated Damages

Question 6

Can you give some Examples of Relevant Events?

Answer 6

Variations 
Instructions 
Deferment of Possession 
Suspension by the Contractor 
Impediment by the Employer
Statutory works 
Exceptional adverse weather 
Specified Perils (Fire, lighting, floods)
Civil Commotion 
Strikes 
Force Majeure

Question 7

What should happen if the contractor is delayed by a Relevant Event?

Answer 7

Contractor should issue a Delay Notice as soon as reasonable apparent:

• Stating the cause of the delay
• Identify the Relevant Event

The EA should:

• Give an EOT
• Notify the Contract
• Give reason of EOT within 12 weeks
• State EOT in relationship to each Relevant Event
• Fix a New Completion Date