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What is the difference between the two provisions of the contract?

CaliforniaConstruction Contract

(1) If af becomes aware of anything that may cause delay to the 'Subcontract Works', af GmbH must provide the 'Main Contractor' with written notice of the cause and estimated delay within 5 days of becoming aware, or the date when af ought reasonably to have become aware, of the cause. (2) If af wishes to claim an 'Extension of Time' in respect of a delay to the 'Subcontract Works', af must within 10 days of the earlier of a) when the af 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 af has or will adopt to overcome, minimise or otherwise deal with the delay; and (d) the critical activities delayed as identified on af’s programme. question - What is the difference between these two provisions of the contract?

1 reply

Mar 27, 2020
The first provision is simply a preliminary notice provision. Essentially, a notice to the prime contractor that, "I am being delayed by X occurrence." The second provision talks submitting a plan to deal with X, i.e., i am being delayed in these specific critical path activities by X and here is one or more options which you can ask me to do (presumably for an adjustment in the contract price) in order to recover the delay.
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