Contract Practice: JCT - Relevant Matters

Question 1

What are Relevant matters?

Answer 1

A relevant matter is a matter for which the client is responsible that materially effects the progress of the works. This may enable the contractor to claim direct loss and / or expense that has been incurred

Question 2

Can you give some examples of relevant matters?

Answer 2

• Failure to give contractor possession of site
• Failure to give contractor access to and from the site
• Delays in receiving instructions
• Opening up the 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 or provisional sums
• Inaccurate forecasting of works described by approximate quantities
• Issues relating to CDM

Question 3

What is Prolongation?

Answer 3

The term prolongation refers to the extra costs that a contractor may incur as a result of the completion of the works being delayed by an event that is the responsibility of the client. Such events might include; failing to give the contractor possession of the site on the date specified in the contract; delays in giving instruction and so on