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Clause 29
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Question 1

As contractors we have recently encountered delays of an unusual nature for which we have difficulty in knowing under which clauses we are to register our claims:

1. We encountered rock which was allowed for in the BOQ, however the municipality would not allow blasting. We cannot find any clause under 29.2 and assume we must claim under 29.3 “... by any other cause beyond the contractor’s reasonable control....” would seem to cover this.

2. We suffered some serious power outages and again claimed under 29.3

The crux of our enquiry is whether or not 29.3 is with or without costs as the clause is silent in this regard. If it is deemed to be without costs under which clause, if any, would we be entitled to claim?

Ref: P29.001

Answer

Yes 29.3 is silent on costs "in this regard" but please read 5.0 Edition 29.3 “...where such delay is due to the employer exercising his rights....” or 4.1 Edition 29.7.4 “...in the same manner ...” where time and costs in both instances would be applicable.

Further Comment

29.1 and 29.2, as you correctly note, have a limited number of examples. In a fast changing world it would be impractical to try to give a more comprehensive list of items that “qualify” as new events would outpace our ability to add them. The 29.1 list is not intended to be related to "negligence" but rather to events that the contractor cannot control with 29.2 being related to "default” - (in the sense that the contractor has no control) by the employer. The power outages can be argued either way - In my opinion it is not similar to a weather delay as an outage generally "paralyses" the critical work whereas weather will only do so in limited areas. However the rock issue is clearly related to an employer “fault” as he is the owner of the site and is therefore liable to have informed you, as a tender condition, that blasting is not permitted.