TFFC23 06/04/2005 15:45 Page 540

540 The 1999 Books; Dispute Boards

Table 23.3 Cost, with or without profit.

Clause
no. Clause title Event Cost/profit

1.9 Delayed Drawings or Instructions Late drawing or instruction Cost and profit
2.1 Right of Access to the Site Late access or possession Cost and profit
4.7 Setting-Out Error in specified reference points Cost and profit
(not reasonably discoverable by
experienced contractor)
4.12 Unforeseeable Physical Adverse unforeseeable physical Cost
Conditions condition
4.24 Fossils Compliance with instructions Cost
7.4 Testing Instruction for additional passed Cost and profit
test, or delay for which employer
is responsible
8.9 Consequences of Suspension Suspension Cost
10.2 Taking over of Parts of the Employer’s use of part of works Cost and profit
Works without contractor’s agreement
10.3 Interference with Tests on Prevention of tests Cost and profit
Completion
11.2 Cost of Remedying Defects Defects not contractor’s Clause 13 applies
responsibility
11.8 Contractor to Search No contractor defect found Cost and profit
12.4 Omissions Omission of work ‘Cost’ incurred anyway
13.2 Value Engineering Approved proposal changes 50% of net saving made
design
13.7 Adjustments or Changes in Changes in law Cost
Legislation
15.5 Employer’s Entitlement to Employer terminates at will Value of work and cost
Termination
16.1 Contractor’s Entitlement to Contractor suspends due to Cost and profit
Suspend Work employer’s default
16.4 Payment on Termination Contractor terminations due to Cost, profit, loss, damage,
employer’s default release of bond and value
17.4 Consequences of Employer’s Loss or damage to works etc. Cost and profit in two
Risk due to employer’s risk circumstances
19.4 Consequences of Force Majeure Prevented from performing any Cost, except natural
obligation catastrophes
19.6 Optional Termination, Payment Prolonged prevention Value and cost
and Release
19.7 Release from Performance Impossible, unlawful or released Value and cost
under the Law by law

prescribed time period measured in days after the commencement date, which should
be stated within the Appendix to Tender. Under the second paragraph of sub-clause 2.1,
if no period of time is stated in the Appendix to Tender, then the employer must give
the contractor access to the site within a reasonable time period so as to enable him
to proceed with the programme for the works that is submitted under sub-clause 8.3.
Failure by the employer to grant access of the site to the contractor in time may be
said to constitute a substantial failure to perform his obligations under the contract,
thereby entitling the contractor to terminate the contract under sub-clause 16.2. If the
employer fails to give the contractor ‘possession of any foundation, structure, plant or
means of access’ within the timescale stated in the specification, this would normally