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41 Non-working hours and special non-working days
42 (1) Suspension of work
(2) Suspension lasting more than 84 days
43 (1) Rate of progress
(2) Work at night
44 Delays attributable to the Employer
45 (1) Time for completion
(2) Extension of time for completion
(3) Some reasons for extension of time
(4) Relevant adjustments to P&G allowances
46 (1) Penalty for delay
(2) Reduction of penalty
41. Non-working hours and special non- working days
None of the Works shall be executed except between sunrise and sunset on Monday to Saturday, inclusive, of any week or on any special non-working days stated in the Appendix unless
(a) the Engineers permission in writing is obtained, subject to such conditions as may be laid down by the Engineer, or
(b) provision is specifically made for it in the Contract, or
(c) it is customary to carry out the work concerned by rotary or double shifts, or(d) work is unavoidable or necessary for the saving of life or property or for the safety of the Works.
Adequate notice shall be given to the Engineer or the Engineers Representative whenever the Contractor proposes to carry out work outside normal working hours in accordance with this Clause, due regard being had to the circumstances.
42.(1) Suspension of work
The Contractor shall, on the written order of the Engineer, suspend the
progress of the Works or any part thereof for such time or times and in such manner as
the Engineer shall order and shall, during such suspension, properly protect the Works so far as is
necessary.
Unless such suspension or alteration is otherwise provided for in the Contract
or
necessary
(a) for the proper execution of the Works,
(b) by reason of weather conditions on the Site,
(c) by reason of some default or breach of the Contract on the part of the Contractor, or
(d) for the safety of the Works or any part thereof, the Contractor shall in respect of any delay or additional Cost of giving effect to the Engineers order, be entitled to make a claim in accordance with Clause 51.
(2) Suspension lasting more than 84 days
If the progress of the Works or any part thereof is so suspended for more
than 84 days in aggregate, the Contractor may deliver a written notice to the Engineer
requiring permission to proceed with the Works or that part thereof in respect of which progress is
suspended.
If such permission is not granted within 28 days after the Engineers
receipt of the written notice, the Contractor may, by a further written notice
to the Engineer, elect to treat the suspension, where it affects only part of
the Works, as an omission of such part under Clause 39 or, where it affects the
whole Works, as a repudiation of the Contract by the Employer, in which case
Clause 59 shall apply.
43.(1) Rate of progress
Should the Engineer at any time be of the opinion that the rate of progress of the Works or any part thereof is too slow to ensure the completion of the Works or any part thereof by the Due Completion Date, he shall so notify the Contractor in writing, with specific reference to this Clause, and the Contractor shall thereupon, subject to the approval of the Engineer which approval shall not be unreasonably withheld, take such steps as are necessary to expedite progress so as to complete the Works or the said part thereof by the Due Completion Date.
(2) Work at night
In respect of any action arising from Sub-Clause (1), if the work is not
being carried out by day and by night and the Contractor requests permission to work by
night as well as by day
then, if the Engineer grants permission, the Contractor shall not be entitled to
any additional
payment for night work and all such work shall be carried out without
unreasonable noise and
disturbance.
In such an event the Contractor shall pay the additional attendance costs
incurred by
the Engineer or the Employer in acceding to the Contractors request.
The Contractor hereby indemnifies the Employer against any liability resulting
from
noise or other disturbance created as a result of carrying out the work at
night.
44. Delays attributable to the Employer
If, after receipt by the Engineer of a written demand from the Contractor requiring compliance with the terms of the Contract, which demand shall specify the terms concerned and a reasonable time for such compliance, the Contractor suffers delay or additional Cost from failure or delay on the part of the Employer, his agents, employees or other contractors (not being employed by the Contractor) in the due performance of any obligations which are necessary in order to enable the Works to proceed in accordance with the Contract, the Contractor shall be entitled to make a claim in accordance with Clause 51, for which purpose the time limit of 28 days provided in Clause 51(1)(a) shall commence to run only from the time when the said performance has actually taken place and may be extended by the Engineer at his discretion.
45.(1) Time for completion
Subject to any requirement in the Specifications as to the completion of any portion of the Permanent Works before completion of the whole, the whole of the Works shall be completed within the time stated in the Appendix calculated from the Commencement Date.
(2) Extension of time for completion
If circumstances of any kind whatsoever which may occur be such as fairly to
entitle the Contractor to an extension of time for the completion of the Works or
any portion thereof, the Engineer shall grant the Contractor, on a claim in accordance with Clause
51, such extension of time as is appropriate. Such extension of time shall take into account any
special non-working days
and all relevant circumstances, including concurrent delays or savings of time
which might apply
in respect of such claim;
Provided that, in respect of such claim, the period of 56 days referred to in
Clauses 51(5) and 51(6)
shall be reduced to 28 days.
(3) Some reasons for extensions of time
Without limiting the generality of Sub-Clause (2), the circumstances referred to in that Sub-Clause include
(a) the amount and nature of additional work,
(b) abnormal climatic conditions,
(c) any failure or delay on the part of the Employer or his agents, employees or other contractors (not being employed by the Contractor) in the due performance of any obligations as are reasonably necessary to enable the Works to proceed,
(d) any provision of these Conditions which allows for an extension of time,
(e) any delay occasioned by the replacement of a Nominated Subcontractor in terms of Clause 9(7), and(f) any disruption of labour which is entirely beyond the Contractors control.
(4) Relevant adjustments to P&G allowances
If an extension of time is granted, the Contractor shall be paid such additional time- related Preliminary and General allowances as are appropriate having regard to any other compensation which may already have been granted in respect of the circumstances concerned.
46.(1) Penalty for delay
If the Contractor shall, by the Due Completion Date, fail to
complete the Works to the extent which entitles him to receive a Certificate of Practical
Completion in terms of Clause
54(2), the Contractor shall be liable to the Employer for the sum stated in the
Appendix as a penalty
for every day which shall elapse between the Due Completion Date and the actual
date of Practical
Completion.
The imposition of such penalty shall not relieve the Contractor from his
obligation
to complete the Works or from any of his obligations and liabilities under the
Contract.
If before the issue of the Certificate of Practical Completion of the whole of the Works any part of the Works has been
(a) certified by the Engineer as complete in terms of a Certificate of Practical Completion, or
(b) occupied or used by the Employer, his agents, employees or other contractors (not being employed by the Contractor), the penalty for delay shall be reduced by an amount which is determined by the Engineer to be appropriate in the circumstances.
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