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Clause 25
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Question 1

We request that your Committee consider a revision related to clause 25.0 " Works Completion".
Having discussed with several Architects, we all seem to face the same problem in getting Contractors to complete the work listed on the "Works Completion List" within a reasonable time. There is currently no effective time bar except that listed under clause 25.4 and 25.5 which, in practice, is not effective enough in getting the work completed.

In addition to the penalty related to Practical Completion, we request your Committee to seriously consider / debate a Secondary Penalty clause linked to "Works Completion".

Ref: N25.001

Answer


15.3 Requires “.... the subcontractor shall proceed continuously, (careful and persistent work or effort), industriously (diligent) and with due skill and appropriate physical resources...." ( ) = Dictionary definitions

17.1.18 The completion lists are contract instructions

17.4 Should the subcontractor not proceed with due diligence with a contractor’s instruction ...... on default by the subcontractor the contractor may employ other parties to give effect to such contractor’s instruction i.e. he can use another contractor with such expense or loss being charged to the contractor [33.2.2]

25.4 Expects that the subcontractor will be able to achieve works completion within 20 working days. Default results in the loss of interest [31.10]

36.1.1 Allows the contractor to terminate [15.3]

No constraint on the time taken by the contractor? I do not believe so

It is interesting to note that I have answered over 2 800 queries of which only 29 relate to works completion and in turn only 8 of these are to do with the time period. The JBCC Technical Committee in publishing the 5.0 Edition completed a review process on the document suite and not a single constituent raised this as an issue - makes you think doesn't it?