Hong Kong Government Building Contract
Clause 50 (1) (a) – Grounds for a EoT claim
a. Inclement weather and/or its consequences adversely affecting the progress of the Works
b. Variations under Clause 60
c. A substantial increase in the quantity of any item of work
d. Late possession or being deprived of possession of the Site at a later date
e. Disturbance to the progress of the Works
f. Any special circumstance of any kind whatsoever
HKIA/RICS Building Contract
Clause 23 – Grounds for an EoT Claim
a. Force majeure
b. Inclement weather or the subsequent effects of such inclement weather – which is expressly defined
c. Civil commotion, local combination of workmen, strikes and lockouts affecting any of the trades employed upon the Works
d. Variations under the contract
e. Delays by the Architect in providing instructions, drawings, details or levels
f. Delays by artists, tradesmen or others engaged by the Employer
HKIS/HKIA Building Contract (2005)Clause 25.1 - Grounds for an EOT Claim
a. Excepted risks
b. Act of prevention, a breach of contract or other default by the Employer
c. Late issue of drawings, details, descriptive schedules or other similar documents
Notification Clausesa. RICS – “the Main Contractor shall forthwith give written notice of the cause of the delay”
b. HK Government – “the Contractor shall forthwith give notice in writing to the Architect…Such notice shall not in any event be given later than 28 days after the Architect has issued the relevant order or instruction”
c. KCRC – cl 45.11 – “it shall be a condition precedent to the Contractor being granted extensions of time that he complies strictly with [the notification requirements]”
(Source: Extensions of Time Claims, HKIS
http://www.hkis.org.hk/general/cpd/Presentation_17Nov.PPT)
Case study
1. Construction of the West Kowloon Reclamation hinterland drainage improvement works, Package 1
http://www.aud.gov.hk/pdf_e/e34ch02.pdf
2. The New Economic Reality: Implications for the Construction Industry in Hong Kong - HKCA
http://www.hkca.com.hk/seminars/20091102/sp8_JohnElsden.pdf
Reference:
1. Work Bureau APPENDIX 4B Guidance Notes for Completion of Reports
