There is a delay to a construction programme as a result of a client design change changing the footings from limestone to concrete due to the foundations type being discovered at the earth works stage.
The delay occurred 5 days prior to the footings needing to be laid (critical task) but as a result the main contractor needed to engage a concreter to complete the new scope of work. The most readily available concreter was not able to start for at least ten days and therefore the there were 5 days delay to the project.
If the client owns the float in accordance with the contract, is the contractor able to claim the 5 additional days (10-5=5) as an extension of time, given that the delay is as a result of the clients change? Or does he fact that the client owns the float mean that the contractor is responsible for finding a concreter who can complete the works in accordance with the programme?
The delay occurred 5 days prior to the footings needing to be laid (critical task) but as a result the main contractor needed to engage a concreter to complete the new scope of work. The most readily available concreter was not able to start for at least ten days and therefore the there were 5 days delay to the project.
If the client owns the float in accordance with the contract, is the contractor able to claim the 5 additional days (10-5=5) as an extension of time, given that the delay is as a result of the clients change? Or does he fact that the client owns the float mean that the contractor is responsible for finding a concreter who can complete the works in accordance with the programme?
