REPORT ON CLAUSE 22

AND 24 OF THE ARC 823-

STANDARD FORM OF PROFESSIONAL

PRACTICE AND

BULDING CONTRACTS ETHICS

IN NIGERIA
UMOREN, PRECIOUS ANIETIE
20PCA02161
CLAUSE 22; LIQUIDATED
AND ASCERTAINED
DAMAGES FOR NON-
COMPLETION

If the Contractor fails to complete the Works by the date

for completion stated in the Appendix
"Liquidated and ascertained damages for no non-completion If the
Contractor fails to complete the Works by the date for completion stated
in the Appendix or within any extended time fixed under clause 23 or
clause 33.1.3 and the Architect certifies in writing that in his opinion the
same ought reasonably so to have been completed, then the Contractor
shall pay or allow to the Employer a sum calculated at the rate stated in
the Appendix as liquidated and ascertained damages for the period
during which the Works shall so remain or have remained incomplete,
and the Employer may deduct such sum from any money or monies due
to or to become due to the Contractor under this Contract".
CLAUSE 24; LOSS AND
EXPENSE CAUSED BY
DISTURBANCE OF REGULAR
PROGRESS OF WORKS

Contractor may claim an amount ascertained if extension of

time is due to any of the reasons specified in clauses 24.1.1 to
24.1.6 inclusive
CLAUSE 24.1.1 THE CONTRACTOR NOT
RECEIVING THE NECESSARY
INSTRUCTIONS, DRAWINGS, DETAILS
AND REGULATORY BODIES APPROVALS
IN DUE TIME, OR
CLAUSE 24.1.2 OPENING OF WORK
COVERED UP FOR INSPECTION OR
TESTING OF THE MATERIALS AND
GOODS IF WORKS ARE IN GOOD
CONDITION, OR
CLAUSE 24.1.3 ‒ DISCREPANCY AND
DIVERGENCE IN CONTRACT DRAWING,
OR
CLAUSE 24.1.4 ‒ DELAY ON THE PART
OF ARTISANS AND TRADESMEN
ENGAGED BY EMPLOYER IN
EXECUTION OF WORK NOT FORMING
PART OF THIS CONTRACT, OR
CLAUSE 24.1.5 ARCHITECTS
INSTRUCTIONS ISSUED IN REGARD TO
THE POSTPONEMENT OR SUSPENSION
OF ANY WORK TO BE EXECUTED
UNDER THE PROVISIONS OF THIS
CONTRACT, OR
CLAUSE 24.1.6 ‒ DELAY BY EMPLOYER
IN HONOURING CERTIFICATES OF
PAYMENTS FOR THE ARCHITECT
CLASS 24.2 AMOUNT ASCERTAINED ADDED- OR CONTRACT SUM
"Any amount from time to time so ascertained in clause 24.1 shall be
added to the Contract Sum, and if an interim certificate is issued after
the date of ascertainment, such amount shall be added to the amount
which would otherwise be stated as due in such certificate".
CLASS 24.3 RESERVATION OF RIGHTS
"THE PROVISIONS OF THIS CONDITIONS ARE WITHOUT PREJUDICE
TO ANY REMEDIES OF CONTRACTOR OTHER RIGHTS AND REMEDIES
WHICH THE CONTRACTOR MAY POSSESS".
THANK YOU