Relevant events v relevant matters - Revision history

Designing Buildings at 10:57, 17 March 2022

2022-03-17T10:57:35Z

← Older revision		Revision as of 10:57, 17 March 2022
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	NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.		NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.

−	= Related articles =	+	= Related articles on Designing Buildings =

	* Compensation event.		* Compensation event.
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	* Liquidated damages.		* Liquidated damages.
	* Loss and expense.		* Loss and expense.
−	* Relevant event.	+	* [[Relevant_event\|Relevant event]].
		+	* [[Relevant_matters_in_construction_contracts\|Relevant matter]].

	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]]		[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]]

Designing Buildings at 06:21, 2 September 2021

2021-09-02T06:21:19Z

← Older revision		Revision as of 06:21, 2 September 2021
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	NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.		NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.

−	~~= Find out more =~~	+	= Related articles =
−		+
−	=== Related articles ~~on Designing Buildings Wiki ==~~=	+

	* Compensation event.		* Compensation event.

Designing Buildings at 12:52, 1 September 2020

2020-09-01T12:52:58Z

← Older revision		Revision as of 12:52, 1 September 2020
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	* Relevant event.		* Relevant event.

−	[[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]]

Designing Buildings at 06:55, 12 January 2018

2018-01-12T06:55:55Z

← Older revision		Revision as of 06:55, 12 January 2018
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−
	Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are very important.		Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are very important.

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	Relevant events might include:		Relevant events might include:
−	*Variations.	+
−	*Exceptionally adverse weather.	+	* Variations.
−	*Civil commotion or terrorism.	+	* Exceptionally adverse weather.
−	*Failure to provide information.	+	* Civil commotion or terrorism.
−	*Delay on the part of a nominated sub-contractor.	+	* Failure to provide information.
−	*Statutory undertaker’s work.	+	* Delay on the part of a nominated sub-contractor.
−	*Delay in giving the contractor possession of the site.	+	* Statutory undertaker’s work.
−	*Force majeure (such as a war or an epidemic).	+	* Delay in giving the contractor possession of the site.
−	*Loss from a specified peril such as flood.	+	* Force majeure (such as a war or an epidemic).
−	*The supply of materials and goods by the client.	+	* Loss from a specified peril such as flood.
−	*National strikes.	+	* The supply of materials and goods by the client.
−	*Changes in statutory requirements.	+	* National strikes.
−	*Delays in receiving permissions that the contractor has taken reasonable steps to avoid.	+	* Changes in statutory requirements.
		+	* Delays in receiving permissions that the contractor has taken reasonable steps to avoid.

	A relevant event does not necessarily entitle the contractor to claim loss and expense. To claim loss and expense, a relevant matter must have occurred.		A relevant event does not necessarily entitle the contractor to claim loss and expense. To claim loss and expense, a relevant matter must have occurred.

−	A relevant matter is a matter for which the client is responsible that materially effects the progress of the works. This enables the contractor to claim direct loss and / or expense that has been incurred. Relevant matters might include:	+	A relevant matter is a matter for which the client is responsible that materially effects the progress of the works. This enables the contractor to claim direct loss and / or expense that has been incurred.
−	*Failure to give the contractor possession of the site.	+
−	*Failure to give the contractor access to and from the site.	+	Relevant matters might include:
−	*Delays in receiving instructions.	+
−	*Opening up works or testing works that then prove to have been carried out in accordance with the contract.	+	* Failure to give the contractor possession of the site.
−	*Discrepancies in the contract documents.	+	* Failure to give the contractor access to and from the site.
−	*Disruption caused by works being carried out by the client.	+	* Delays in receiving instructions.
−	*Failure by the client to supply goods or materials.	+	* Opening up works or testing works that then prove to have been carried out in accordance with the contract.
−	*Instructions relating to variations and expenditure of provisional sums.	+	* Discrepancies in the contract documents.
−	*Inaccurate forecasting of works described by approximate quantities.	+	* Disruption caused by works being carried out by the client.
−	*Issues relating to CDM.	+	* Failure by the client to supply goods or materials.
		+	* Instructions relating to variations and expenditure of provisional sums.
		+	* Inaccurate forecasting of works described by approximate quantities.
		+	* Issues relating to CDM.

	A relevant matter need not necessarily result in a delay to the completion date, and so may not always entitle the contractor to an extension of time.		A relevant matter need not necessarily result in a delay to the completion date, and so may not always entitle the contractor to an extension of time.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Compensation event.	+
−	*Concurrent delay.	+	* Compensation event.
−	*Delays on construction projects.	+	* Concurrent delay.
−	*Extension of time.	+	* Delays on construction projects.
−	*Liquidated damages.	+	* Extension of time.
−	*Loss and expense.	+	* Liquidated damages.
−	*Relevant event.	+	* Loss and expense.
		+	* Relevant event.

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Designing Buildings at 09:49, 4 November 2013

2013-11-04T09:49:50Z

← Older revision		Revision as of 09:49, 4 November 2013
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	Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are very important.		Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are very important.

−	A relevant event is an event that causes a delay to the completion date, which is caused by the client, or is a neutral event not caused by either party. The contract should set out what constitutes a relevant event. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved.	+	A relevant event is an event that causes a delay to the completion date, which is caused by the client, or a neutral event not caused by either party. The contract should set out what constitutes a relevant event. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved.

	Relevant events might include:		Relevant events might include:
Line 33:		Line 33:
	*Issues relating to CDM.		*Issues relating to CDM.

−	A relevant matter need not necessarily result in a delay to the completion date, and so may not always entitle the contractor to an extension of time.	+	A relevant matter need not necessarily result in a delay to the completion date, and so may not always entitle the contractor to an extension of time.

−	~~NEC contracts deal with these issues under~~ the ~~single heading ‘compensation events’. They do~~ not ~~treat compensation~~ events ~~as an allocation of blame~~, but ~~rather an allocation of risk. Any risk that is not specifically identified as being attributed to~~ the ~~client is borne~~ by the contractor.	+	If delays are not caused by the client and are not neutral events, but are caused by the contractor, and this results in a failure to achieve practical completion by the completion date set out in the contract, the contractor may be liable to pay liquidated damages to the client.

−	~~NB If delays are caused by~~ the ~~contractor~~ that ~~result in failure~~ to ~~achieve practical completion~~ by the ~~completion date set out in the contract, they may be liable to pay liquidated damages to the client~~.	+	NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.

	= Find out more =		= Find out more =

Designing Buildings at 11:11, 31 October 2013

2013-10-31T11:11:05Z

← Older revision		Revision as of 11:11, 31 October 2013
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	*Issues relating to CDM.		*Issues relating to CDM.

−	~~So very broadly, issues that are caused by the client, such as~~ delay ~~in giving~~ the ~~contractor possession of the site~~, ~~might qualify both as a relevant event~~ and ~~a relevant matter,~~ so ~~enabling~~ the contractor to ~~claim~~ an extension of time ~~and loss and expense. A ‘neutral’ event, such as civil commotion, for which neither party is responsible may allow an extension of time, but not a claim for loss and expense~~.	+	A relevant matter need not necessarily result in a delay to the completion date, and so may not always entitle the contractor to an extension of time.

	NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.		NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.

Designing Buildings at 10:42, 31 October 2013

2013-10-31T10:42:21Z

← Older revision		Revision as of 10:42, 31 October 2013
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
	*Compensation event.		*Compensation event.
		+	*Concurrent delay.
	*Delays on construction projects.		*Delays on construction projects.
	*Extension of time.		*Extension of time.

Designing Buildings at 19:35, 30 October 2013

2013-10-30T19:35:22Z

← Older revision		Revision as of 19:35, 30 October 2013
Line 48:		Line 48:
	*Loss and expense.		*Loss and expense.
	*Relevant event.		*Relevant event.
		+
		+	[[Category:Contracts_/_payment]]

Designing Buildings at 19:35, 30 October 2013

2013-10-30T19:35:07Z

← Older revision		Revision as of 19:35, 30 October 2013
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−	Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are important.	+	Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are very important.

−	A relevant event is an event that causes a delay to the completion date, which is caused by the client, or is a neutral event. The contract should set out what constitutes a relevant event. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved.	+	A relevant event is an event that causes a delay to the completion date, which is caused by the client, or is a neutral event not caused by either party. The contract should set out what constitutes a relevant event. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved.

	Relevant events might include:		Relevant events might include:
Line 12:		Line 12:
	*Statutory undertaker’s work.		*Statutory undertaker’s work.
	*Delay in giving the contractor possession of the site.		*Delay in giving the contractor possession of the site.
−	*Force majeure (~~events that are beyond the reasonable control of a party,~~ such as a war or an epidemic).	+	*Force majeure (such as a war or an epidemic).
	*Loss from a specified peril such as flood.		*Loss from a specified peril such as flood.
	*The supply of materials and goods by the client.		*The supply of materials and goods by the client.
Line 19:		Line 19:
	*Delays in receiving permissions that the contractor has taken reasonable steps to avoid.		*Delays in receiving permissions that the contractor has taken reasonable steps to avoid.

−	A relevant event does not necessarily entitle the contractor to claim loss and expense.	+	A relevant event does not necessarily entitle the contractor to claim loss and expense. To claim loss and expense, a relevant matter must have occurred.
−		+
−	To claim loss and expense, a relevant matter must have occurred,	+

	A relevant matter is a matter for which the client is responsible that materially effects the progress of the works. This enables the contractor to claim direct loss and / or expense that has been incurred. Relevant matters might include:		A relevant matter is a matter for which the client is responsible that materially effects the progress of the works. This enables the contractor to claim direct loss and / or expense that has been incurred. Relevant matters might include:
Line 35:		Line 33:
	*Issues relating to CDM.		*Issues relating to CDM.

−	~~Very~~ broadly, ~~issued~~ that are caused by the client, such as delay in giving the contractor possession of the site, might qualify both as a relevant event and a relevant matter, so enabling the contractor to claim an extension of time and loss and expense. A ‘neutral’ event, such as civil commotion, for which neither party is responsible may allow an extension of time, but not a claim for loss and expense.	+	So very broadly, issues that are caused by the client, such as delay in giving the contractor possession of the site, might qualify both as a relevant event and a relevant matter, so enabling the contractor to claim an extension of time and loss and expense. A ‘neutral’ event, such as civil commotion, for which neither party is responsible may allow an extension of time, but not a claim for loss and expense.
		+
		+	NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.
		+
		+	NB If delays are caused by the contractor that result in failure to achieve practical completion by the completion date set out in the contract, they may be liable to pay liquidated damages to the client.
		+
		+	= Find out more =

−	~~NEC contracts deal with these issues under a single heading ‘compensation events’~~. ~~They do not treat compensation events as an allocation~~ of ~~blame, but rather an allocation of risk~~. ~~Any risk that is not specifically identified as being attributed to the client is borne by the contractor~~.	+	=== Related articles on Designing Buildings Wiki ===
		+	*Compensation event.
		+	*Delays on construction projects.
		+	*Extension of time.
		+	*Liquidated damages.
		+	*Loss and expense.
		+	*Relevant event.

Designing Buildings: Created page with " Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are important. A rel..."

2013-10-30T19:25:03Z

Created page with " Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are important. A rel..."

New page

Relevant events and relevant matters are terms used in some construction contracts, such as JCT contracts. They are sometimes confused, but the differences are important.

A relevant event is an event that causes a delay to the completion date, which is caused by the client, or is a neutral event. The contract should set out what constitutes a relevant event. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved.

Relevant events might include:
*Variations.
*Exceptionally adverse weather.
*Civil commotion or terrorism.
*Failure to provide information.
*Delay on the part of a nominated sub-contractor.
*Statutory undertaker’s work.
*Delay in giving the contractor possession of the site.
*Force majeure (events that are beyond the reasonable control of a party, such as a war or an epidemic).
*Loss from a specified peril such as flood.
*The supply of materials and goods by the client.
*National strikes.
*Changes in statutory requirements.
*Delays in receiving permissions that the contractor has taken reasonable steps to avoid.

A relevant event does not necessarily entitle the contractor to claim loss and expense.

To claim loss and expense, a relevant matter must have occurred,

A relevant matter is a matter for which the client is responsible that materially effects the progress of the works. This enables the contractor to claim direct loss and / or expense that has been incurred. Relevant matters might include:
*Failure to give the contractor possession of the site.
*Failure to give the contractor access to and from the site.
*Delays in receiving instructions.
*Opening up works or testing works that then prove to have been carried out in accordance with the contract.
*Discrepancies in the contract documents.
*Disruption caused by works being carried out by the client.
*Failure by the client to supply goods or materials.
*Instructions relating to variations and expenditure of provisional sums.
*Inaccurate forecasting of works described by approximate quantities.
*Issues relating to CDM.

Very broadly, issued that are caused by the client, such as delay in giving the contractor possession of the site, might qualify both as a relevant event and a relevant matter, so enabling the contractor to claim an extension of time and loss and expense. A ‘neutral’ event, such as civil commotion, for which neither party is responsible may allow an extension of time, but not a claim for loss and expense.

NEC contracts deal with these issues under a single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.