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If these conditions are precedent to extension of time, whether it is necessary that all the conditions needs to be met?

CaliforniaConstruction Contract

A company A is entitled to an 'Extension of Time' only if: (1) A is delayed in achieving 'Practical Completion' by the 'Date for Practical Completion' by: (a) a breach of this 'Subcontract' by the 'Main Contractor'; (b) a failure by the 'Main Contractor' to give A sufficient access to carry out the 'Subcontract Works'; (c) a 'Variation/Variations' is/are directed by the 'Main Contractor', other than a 'Variation' due to the A default; (d) an act or omission by the 'Contractor' or the 'Contractor’s Representative' which is not authorised, provided for or anticipated by this 'Subcontract'; or (e) a suspension directed by the 'Main Contractor', other than a suspension as a result of a breach of this 'Subcontract' by the A. (2) A has strictly complied with clause22.1(2) which says that "If A wishes to claim an 'Extension of Time' in respect of a delay to the 'Subcontract Works', A must within 10 days of the earlier of a) when the A became aware, or b) should reasonably have become aware of the commencement of the delay, give the 'Main Contractor' a written claim for an ’Extension of Time' to the 'Date for Practical Completion' with all necessary supporting documentation, setting out: (a) the cause of delay; (b) the period during which the cause or delay existed or is expected to exist; (c) the measures which A has or will adopt to overcome, minimise or otherwise deal with the delay; and (d) the critical activities delayed as identified on A's programme. (3) The 'Main Contractor' considers that the delay has occurred to activities on the critical path of A's programme; and (4) A has taken all reasonable steps to minimise or avoid the effect of the delay on the progress of the Subcontract Works.

1 reply

Apr 1, 2020
I will try to parse this out. You need to meet the following "numbered" conditions (italics are my comment): (1) A is delayed in achieving ‘Practical Completion’ by the ‘Date for Practical Completion’. (The delay can be caused by any one or more of the following) (a) a breach of this ‘Subcontract’ by the ‘Main Contractor’; (b) a failure by the ‘Main Contractor’ to give A sufficient access to carry out the ‘Subcontract Works’; (c) a ‘Variation/Variations’ is/are directed by the ‘Main Contractor’, other than a ‘Variation’ due to the A default; (d) an act or omission by the ‘Contractor’ or the ‘Contractor’s Representative’ which is not authorised, provided for or anticipated by this ‘Subcontract’; or (e) a suspension directed by the ‘Main Contractor’, other than a suspension as a result of a breach of this ‘Subcontract’ by the A. (2) A has strictly complied with clause22.1(2) which says that “If A wishes to claim an ‘Extension of Time’ in respect of a delay to the ‘Subcontract Works’, A must within 10 days of the earlier of a) when the A became aware, or b) should reasonably have become aware of the commencement of the delay, give the ‘Main Contractor’ a written claim for an ’Extension of Time’ to the ‘Date for Practical Completion’ with all necessary supporting documentation, setting out: (when you write your delay letter, make sure it includes the following) (a) the cause of delay; (b) the period during which the cause or delay existed or is expected to exist; (c) the measures which A has or will adopt to overcome, minimise or otherwise deal with the delay; and (d) the critical activities delayed as identified on A’s programme. (3) The ‘Main Contractor’ considers that the delay has occurred to activities on the critical path of A’s programme; and (The prime contractor needs to agree with you as to the cause of the delay and that you are delayed) (4) A has taken all reasonable steps to minimise or avoid the effect of the delay on the progress of the Subcontract Works. (You should do all that you can to minimize delay) I hope this is helpful. Make sure to focus on items (1), (2) and (4) as those are within your control.
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