public sector standard conditions of contract for design and build 2008

14.3 Notice(1) If the Contractor is of the opinion that the progress or completion of the Works is orwill be or has been delayed by any of the events stated in Clause 14.2, he shallforthwith notify the Superintending Officer in writing of such event and shall in anycase do so within 60 days of the occurrence of such event. If the Contractor is of theopinion that the event is one which entitles him to an extension of time under Clause14.2, he shall in that notice and in any case not later than the 60 day period set outabove inform the Superintending Officer, together with the appropriate Contractreferences, of the reasons why there will or may be delay to the completion of theWorks or any part or section of the Works, the length of the delay and of theextension of time required, and the effect of the event on the programme acceptedunder Clause 9. Both the submission of a notice in writing and of the furtherinformation within the 60 day period set out above shall be conditions precedent toany entitlement to an extension of time. Subject also to compliance with Clause14.3(2) hereof, the Superintending Officer shall notify the Contractor in writingwithin 60 days of the receipt of the notice in writing whether in his opinion the eventis one which does or might entitle the Contractor to an extension of time.(2) If the Superintending Officer is of the opinion that the notice given by the Contractoror the accompanying references or reasons are insufficient to enable him to decide onthe Contractor's application, the Superintending Officer may require the Contractor toprovide within 14 days or such other period as may be required by the SuperintendingOfficer such further particulars concerning any event and the circumstances of thedelay, the measures planned and/or taken to prevent or minimise delay and any furtherinformation which the Superintending Officer may reasonably require.(3) When the Superintending Officer has received sufficient information to enable him todecide the Contractor's application, he shall, within a reasonable time, make in writingto the Contractor such extension of time, if any, of the whole or any phase or part ofthe Works (as the case may be) as may in his opinion be fair, reasonable andnecessary for the completion of the Works. The Superintending Officer shall takeinto account the effect, or extent, of any work omitted under the Contract and shallalso take into account whether the event in question is one which will delaycompletion of the Works. The Superintending Officer shall also take into account anydelays which may operate concurrently with the delay due to the event or events inquestion and which are due to acts or default on the part of the Contractor.(4) Provided that the Contractor shall have complied with the requirements of Clause14.3(1), if the Contractor shall not have provided the Superintending Officer withsufficient information to enable him to decide the Contractor's application, theSuperintending Officer may nevertheless make in writing to the Contractor suchextension of time of the whole or any phase or part of the Works (as the case may be)as may in his opinion appear to be fair, reasonable and necessary for completion ofthe Works on the information available to him, taking into account all the matters setout in Clause 14.3(3).(5) Provided that the Contractor shall have complied with the requirements of Clause14.3(1), if the Contractor is dissatisfied with any extension of time made or not madeby the Superintending Officer and shall dispute it, he shall not in any reference to theSuperintending Officer or to any arbitrator pursuant to Clause 35 or otherwise (or toany other tribunal) claim a greater extension of time than that notified pursuant toClause 14.3(1) or advance new or additional grounds not submitted to theSuperintending Officer before he made his decision, nor shall the SuperintendingOfficer or the arbitrator (or any other tribunal) in considering the dispute make adecision taking into account information which was not available to the___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 24