12 BUSINESS AND TRAINING
c .
d .
e . date for interim or practical completion and / or an adjustment of the subcontract value ; If the PCr ( and subcontractor ) is behind schedule following the current programme , a revision of the date for practical completion and / or an adjustment of the contract value is probably not justified ; All SfCs require Notice to be given within a stipulated period to ensure that such events can be adjudicated speedily and / or to implement remedial actions , or lose the opportunity to claim ; The PCr and each subcontractor remain liable for defective work from the date of commencement of the subcontract-works until the expiry of the defects liability period stipulated in the SfC-CD / SfS-CD used . Note : Time is defined to be ‘ of the essence ’ by specifying the ‘ period for construction ’ or the intended ‘ date for completion ’ of the subcontract works at the tender stage . Failure to complete the works is a breach of contract in ‘ delict ’ ( SfS ) entitling the contractor to recover stated damages from the subcontractor to be no worse off had this breach not occurred . Note : Where the subcontractor fails to meet the agreed dates for interim or practical and final completion of the works as a whole , or a section thereof , the contractor may be entitled to recover damages . Note : The PCr is entitled to an extension of time and additional costs to complete the subcontract-works due to the insolvency of a nominated subcontractor [ 23.2.9 ], or termination of a nominated or selected subcontractor due to default of the employer and / or agents .
Note : The PCr is not entitled to an extension of time and / or additional costs to complete the subcontract-works due to termination and replacement of a subcontractor where the employer and / or agents are not in default .
Damages and penalties a . Where the subcontractor fails to meet the agreed dates for interim or practical and final completion of the works as a whole , or a section thereof , the contractor may be entitled to recover damages . b . The subcontractor may : i . If delayed by the PCr and other subcontractors , recover damages from all other contractors ; ii . Be liable to the PCr for damages where the ( revised ) date for interim or practical completion of the subcontract works as a whole , or a section thereof , is not achieved . Note : Only JBCC contracts differentiate between ‘ penalties ’ applicable in the relationship between the employer and the PCr and ( proven ) ‘ damages ’ in the relationship between the contractor and the subcontractor . The Subcontractor may recover ( proven ) damages from the PCr and / or other subcontractors who have caused delay or damage and expense to the subcontractor . Note : FIDIC contracts refer to ‘ delay damages ’ = per day not exceeding the amount stated in the CD . Note : GCC contracts refer to ‘ penalty for delay ’ = per day not exceeding the amount stated in the CD . Note : NEC contracts refer to ‘ damages ’ = per day not exceeding the amount stated in the CD . PA