So, what is a relevant event and why do you need to know?
To start with the relevant events we are discussing today are only relevant to a JCT form of contract and are set out within the contract and can often be added too, removed or amended within a schedule of amendments or within an order.
So, a relevant event is an event on or off site that can cause a delay to the completion date of the works and is identified within the contract as a relevant event,
Section 2.26.14 of the JCT 2016 D&B gives one such example that we are all probably familiar with “Force Majeure” or Covid 19 for people that may not know.
“Ok so what does that mean to me?” I hear you ask. Well, this leads on from Section 2.24 Notice by the contractor of delay to progress .1 if and whenever it becomes reasonably apparent that the progress of the works or any section is being delayed the contractor shall forthwith give notice to the employer of the material circumstances, including the cause or causes of the delay, and shall identify in the notice any event which in his opinion is a relevant event.
This then leads onto section 2.25 fixing completion date .1 if on receiving a notice and particulars under the clause 2.24: .1 and of the events which are stated to be a cause of delay is a relevant event, and .2 completion of the works or of a section is likely to be delayed thereby beyond the relevant completion date, then save where these conditions expressly provide otherwise, the employer shall give an extension of time by fixing such later date as the completion date for the works or section as he then estimates to be fair and reasonable.
Ok so that will have confused some out there so let us simplify it. The list of relevant events in the contract are events outside of the contractor’s control. If one of these events effects the progress of work onsite causing a delay to the end date, then as long as you have notified them in line with the contract, they have no grounds to refuse an extension of time. Its particularly important to point out that employers can and do amend these clauses a lot so its very important to know your contract and know how to administer it correctly.
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