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BUSINESS AND TRAINING
Depending on the nature of the delay , the electrical subcontractor may have a justified claim for the revision of the date of interim completion ( JBCC terminology ) before the contractor ’ s date for practical completion – but may not have a claim where the subcontractor was the cause of the delay . Assessing a claim may become complex , particularly if an existing structure requires more remedial work than anticipated .
• Note : At the recent court of inquiry in London ( September 2020 ) is – after weeks of hearings into the cause and spread of the fire that engulfed the Grenfell residential Tower in 14 June 2017 in which 72 residents died – the judicial inquiry is seeking to blame the designers , the manufacturers of the external cladding ( that was not to support combustion ), the installers , even the BS Standards referred etc – so far without a conclusion . Designers and contractors must be careful of new products and their claimed performance if they must accept responsibility for such installations !
If a claim is due to incompetence or negligence of the designer , then the principal contractor or the subcontractor may be entitled to a revision of the date of practical completion and adjustment of the contract value . The client / employer may have a valid professional indemnity insurance claim against the design subcontractor . But if the client insisted on a certain product or installation features against the advice of the design subcontractor then the client / employer may be at risk for any delays and costs incurred .
Technology challenges This highlights the need to carefully programme the works to deal with technology challenges . Without a record of when and how activities are planned to be executed – and when they were executed – it may be difficult to motivate any extension of time claims .
Similarly , a comprehensive record of discussions , e-mails , drawings , minutes of meetings , and so on , all illustrated with photographs , if relevant , is required when motivating a claim .
The four accepted SfCs / SfSs all include similar procedures for the notification of claims within a stipulated period or such claim is forfeited ! PA
“… risk management is an important aspect of every project .”
www . plumbingafrica . co . za @ plumbingonline @ plumbingonline @ PlumbingAfricaOnline August 2022 Volume 28 I Number 6