FAQ's Principal Building Agreement

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Clause 18
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Question 1

The contractor has requested an extension of time due to the non-availability of a land surveyor. A surveyor contacted by the contractor finally arrived two weeks later. In terms of 8.1 the contractor takes “...full responsibility for the works from the date on which possession of the site is given...”. Please can you therefore confirm that I am correct in denying the contractor’s claim for the cost of the surveyor, the extension of time as well as the cost of setting out?

Ref: P18.001

Answer

Based on your query if you have read clause 18.0 you have not understood it. Therefore:

1. 18.1 clearly requires the employer to appoint an agent - the land surveyor - therefore the employer’s cost [32.5.5]

2. The contractor has a valid time with costs claim [29.2.1]

3. 18.2 “.... as shall enable the contractor to set out the works correctly” - therefore the contractor’s cost