1. Introduction
The rules on contractor delay are most often about day mulch, and this is what will be our focus. It automatically follows from the standard contracts that the agreed end date is day-ahead unless otherwise agreed. It is also conceivable that the parties have agreed on other daylong deadlines and this is something we also discuss in the article on “Delay and Daybreak Liability”.
The rules on defects are also central to any construction project. From the point of view of experience, no construction or construction projects are erected without errors and shortcomings. Accordingly, it is necessary to devote some space to these rules with particular focus on the right and duty of the contractor to rectification. At the same time, we cannot write about shortcomings without also writing about the complaint rules. Therefore, we have given the article the title “Deficiencies and Complaints”.
In addition, you can see from the matrix below that provisions have also been adopted concerning violations of the obligation to coordinate and direct claims against the contractor's contract assistants.
Violations of the duty of coordination are discussed in paragraph 3 of this article.
2. Overview of the rules
All contract standards have their own provisions for delays and deficiencies. In NS 8407 these are collected in Chapter IX “Breach of contract on the part of the general contractor” and in NS 8405 one finds the provisions of Chapter VII “Delay. Missing”. In NS 8406, the rules are collected in two provisions. Since NS 8407 is the most commonly used form of contract, this is what we have as a starting point.
Below we have taken a matrix showing the main provisions. Several of these have more detailed sub-provisions that we deal with in our own articles.
3. Breach of the obligation to coordinate
The rules on breaches of the obligation to coordinate will first apply in situations where the main contractor or the general contractor has several subsidiary contractors to deal with.
Our impression is that such forms of implementation are rarely agreed upon today, and that the builders mostly enter into an agreement with only one general or one general contractor.
Therefore, we do not spend much space on this topic here. However, let it be written that if you are first in a situation with several third-party contractors and you are guilty of a breach of the obligation to coordinate one has, cf. NS 8407 paragraph 21.4 and NS 8405 paragraph 18.3, the consequence can be a rather significant liability for the financial loss incurred by the builder.
It follows from the two provisions of NS 8405 and NS 8407, respectively, that liability is limited to 10% of the contract amount. Unless the builder can claim daymulch because the contractor is late and the delay is due to “the same circumstances”, the liability for breach of the coordination obligation is something that is in addition to possible daycare liability.
Consequently, it is not advisable for any contractor to act in violation of the duty of coordination.
In conclusion, it is mentioned that liability is not limited to 10% if the contractor commits gross negligence or intent.
