Must the Architect give the Contractor detailed reasons to explain an Extension of Time Determination under PAM 2006.

Must the Architect give the Contractor detailed reasons to explain an Extension of Time Determination under PAM 2006. 

Under the PAM 2006 Standard Forms of Building Contract it requires the Contractor to give notice of delay to the Works as soon as it becomes reasonably apparent. The Contractor is also required to provide details of the delaying event and its likely effect and to provide the Architect with such further information as reasonably required…..more

2 responses to “Must the Architect give the Contractor detailed reasons to explain an Extension of Time Determination under PAM 2006.

  1. I noticed that under PAM 2007, the contractor requires to submit its application for EOT and if the contractor fail to apply, the architect has the right to issue CNC. Architect determination for EOT only applies upon application and submission made by the contractor. Under PAM the architect is only allowed to grant EOT under the specific condition allowable under the contract clauses. Therefor the contractor’s application must provide appropriate detail (as recommended by some protocols) and the architect’s determination will be based on allowable delay events only. The contractor may have events there can be classified as culpable, client disruption or neutral events and unless the contractor can demonstrate that he deserves more that what the architect has determined, the onus to clarify such situation lies upon the contractor.
    However, I do has an issue when the delay events does not fall on the allowable events as described by the EOT clauses. On this situation, how does the architect determines the EOT?

    • It is incorrect to say that the Architect is only allowed to issue an Extension of Time under specific conditions. The Architect has the power to issue a Extension of Time with or without notice being served by the contractor and also has the authority to take all events into consideration which have contributed to a delay. Please refer to the following:

      A) Sub-Clause 23.5 provides for the Architect to take into account any other relevant events which he considers has an effect of the Contractors entitlement to an Extension of Time.

      B) Sub-Clause 23.10 provides that the Architect may (but is not obliged to) determine and grant an Extension of Time after Practical Completion, whether notice has been given or not. Thus if no notice is required an Extension of Time may be granted at the Architect Discretion if he considers the event or events justify such.