*Contractor's Obligations*
1. *Complete on or Before Completion Date*: The Contractor must proceed with the works to complete on or before the completion date.
2. *Discretion on Method, Speed, and Timing*: The Contractor generally has discretion over the method, speed, and timing of activities, subject to any stipulated prior process of acceptance of method and/or programme.
*Changes to Scope*
1. *Similar Obligation as to Efficiency*: The Contractor has a similar obligation to efficiency in relation to the changed scope as they have to the original scope.
In summary, the Contractor has a duty to mitigate the effects of Employer Risk Events, but this duty is limited to reasonable actions and does not require them to add extra resources or expend money. The Employer should agree to pay for any additional measures taken to mitigate delay.
*Dispute Resolution*
In the event of a dispute arising from the contractor's duty to mitigate delay, the parties should follow the dispute resolution procedures outlined in the contract. This may include negotiation, mediation, or arbitration.
*Conclusion*
In conclusion, Sub-Clause 18.3 of the FIDIC Red Book 2017 emphasises the duty to minimise delay resulting from Exceptional Events. The contractor's duty to mitigate delay and loss is limited to reasonable actions and does not require them to add extra resources or expend money without the Employer's agreement to pay.
*Best Practices*
To ensure effective management of Exceptional Events and mitigation of delay, parties should:
1. *Clearly define Exceptional Events*: In the contract, clearly outline what constitutes an Exceptional Event.
2. *Establish communication protocols*: Set up clear communication channels for notification of Exceptional Events and mitigation efforts.
3. *Document mitigation efforts*: Keep detailed records of mitigation efforts, including costs incurred and resources allocated.
*Final Thoughts*
Understanding the provisions of Sub-Clause 18.3 and the related principles outlined in the Society of Construction Law's Delay and Disruption Protocol 2nd Edition is crucial for effective contract management and dispute avoidance. By following best practices and clearly understanding their obligations, parties can minimise delays and losses resulting from Exceptional Events.
1. *Complete on or Before Completion Date*: The Contractor must proceed with the works to complete on or before the completion date.
2. *Discretion on Method, Speed, and Timing*: The Contractor generally has discretion over the method, speed, and timing of activities, subject to any stipulated prior process of acceptance of method and/or programme.
*Changes to Scope*
1. *Similar Obligation as to Efficiency*: The Contractor has a similar obligation to efficiency in relation to the changed scope as they have to the original scope.
In summary, the Contractor has a duty to mitigate the effects of Employer Risk Events, but this duty is limited to reasonable actions and does not require them to add extra resources or expend money. The Employer should agree to pay for any additional measures taken to mitigate delay.
*Dispute Resolution*
In the event of a dispute arising from the contractor's duty to mitigate delay, the parties should follow the dispute resolution procedures outlined in the contract. This may include negotiation, mediation, or arbitration.
*Conclusion*
In conclusion, Sub-Clause 18.3 of the FIDIC Red Book 2017 emphasises the duty to minimise delay resulting from Exceptional Events. The contractor's duty to mitigate delay and loss is limited to reasonable actions and does not require them to add extra resources or expend money without the Employer's agreement to pay.
*Best Practices*
To ensure effective management of Exceptional Events and mitigation of delay, parties should:
1. *Clearly define Exceptional Events*: In the contract, clearly outline what constitutes an Exceptional Event.
2. *Establish communication protocols*: Set up clear communication channels for notification of Exceptional Events and mitigation efforts.
3. *Document mitigation efforts*: Keep detailed records of mitigation efforts, including costs incurred and resources allocated.
*Final Thoughts*
Understanding the provisions of Sub-Clause 18.3 and the related principles outlined in the Society of Construction Law's Delay and Disruption Protocol 2nd Edition is crucial for effective contract management and dispute avoidance. By following best practices and clearly understanding their obligations, parties can minimise delays and losses resulting from Exceptional Events.
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