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Stand Down Claim

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#1 29-March-2011 (time: 16:08)

Posts: 2
Joined: 29-March-2011

How do you justify a contractor claiming a stand down period (as a variation)

The contractor is claiming a stand down period of 1 1/2 days because variation orders were not give in sufficent time to allow materials to be ordered, plant hired etc. This also forms part of an extension of time claim.

Other that arguing that he could have been getting on with other items etc, is there any legal reference to what is allowed reasonable. We are using SCC SF:1999 I can't find any reference in the contract or the practice notes.

Any ideas, comments, suggestions?
Much appreciated :-)

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Richard Goldie

#2 04-April-2011 (time: 17:04)

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Posts: 5
Joined: 15-June-2009

This sounds like a question from an actual job! Definitely argue that they could be getting on with other work. Using the short form contract is risky because it is unclear (therefore to be avoided? Compare clause 9.1 of the SCC 2009 (long form)). It may be worth having a special contract condition that the Contractor is required to act on any Instructions given, the principle being that the work should continue, including Instructions, with the contractor having the right to claim a variation.

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Richard Goldie, Director - Peddle Thorp Architects Auckland

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