- Project plans
- Project activities
- Legislation and standards
- Industry context
- Specialist wikis
Last edited 23 Aug 2023
Relevant matters in construction contracts
Relevant matters are referred to in some construction contracts, such as JCT contracts. A relevant matter is a matter for which the client is responsible that materially affects the progress of the works. This may enable 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.
Relevant matters should not be confused with relevant events. 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. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved. A relevant event does not necessarily entitle the contractor to claim loss and expense. Similarly, 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.
The Society of Construction Law Delay and Disruption Protocol, 2nd edition, refers to an event or cause of delay or disruption which under the contract is at the risk and responsibility of the employer, as an 'employer risk event'.
 Related articles on Designing Buildings Wiki
- Compensation event.
- Delays on construction projects.
- Extension of time.
- Liquidated damages.
- Loss and expense.
- Provisional sum.
- Relevant event.
- Relevant event v relevant matter.
 External References
Featured articles and news
Advancing sustainable and regenerative project management.
Promised to be pragmatic and practical guidance.
Whilst replacement maybe preferred, its not always possible.
Dealing with draughts and reducing heat loss.
Managing Partner at Onyx and third gen project manager.
Expectation types, management and performance gaps.
Appointments, re-appointments and six changes a year.
New ways to manage the housing crisis.
Consortium seeks signatories for open letter by February 29.
Meaning, understanding and implementation.
From climate to cost to cold bridges and design flexibility.
In a changing world at the APM PM SIG conference.
The glass product that opened up new possibilities.
Campaigning for buildings of all periods.
Full life cycle assessments, impact categories and more.
Get to know the new requirements and the new terms.
Reporting on Payment Practices and Performance Regs.
The ultimate companion for building services excellence.