Instruct the Contractor to continue working Mentioned in Clause 2.6 User guidance Instructions in the sample text below have been highlighted in yellow. If highlighting is not visible, go to Tools/ Options then click on the View tab, tick the Highlight check box and click the OK button. MW21 Clause Commentary on Clause 2.6 is available on the ProcurePoint website. Please view the to locate all documents referenced throughout this text. Sample text for letter to the Contractor » insert the date The Contractor, » insert the name of the Contractor ABN » insert the Contractor’s ABN » insert the Contractor’s address Attention: » insert the name of the Contractor’s nominated representative » insert the Contract name Contract No. » insert the Contract No. » insert a description of the situation I refer to » insert details of the situation that has caused the Contractor to reduce the rate of progress of the work. Clause 2.6 of the General Conditions of Contract requires you to continue to perform your obligations under the Contract while resolution of any claim or dispute is under way. Failing to proceed with the work under the Contract at a reasonable rate is a substantial breach of Contract as defined in Clause 17.1. Accordingly, I instruct you to proceed with the work under the Contract so as to bring it to Completion within the time(s) required by the Contract. This instruction is issued Clause 2.3 of the General Conditions of Contract. It is not a Variation instruction or an instruction to accelerate the Works. sincerely, » insert the name of the Authorised Person Authorised Person Guide Notes This form of letter may be appropriate where, for example, the Contractor refuses to proceed with the work pending approval of a claim or agreement to the value of a Variation. If the Contractor continues to refuse to proceed with the work, it may be necessary to take action under Clause 17.1. (See Sample Letter 17A.)
Instruct the Contractor to continue working Mentioned in Clause 2.6 User guidance Instructions in the sample text below have been highlighted in yellow. If highlighting is not visible, go to Tools/ Options then click on the View tab, tick the Highlight check box and click the OK button. MW21 Clause Commentary on Clause 2.6 is available on the ProcurePoint website. Please view the to locate all documents referenced throughout this text. Sample text for letter to the Contractor » insert the date The Contractor, » insert the name of the Contractor ABN » insert the Contractor’s ABN » insert the Contractor’s address Attention: » insert the name of the Contractor’s nominated representative » insert the Contract name Contract No. » insert the Contract No. » insert a description of the situation I refer to » insert details of the situation that has caused the Contractor to reduce the rate of progress of the work. Clause 2.6 of the General Conditions of Contract requires you to continue to perform your obligations under the Contract while resolution of any claim or dispute is under way. Failing to proceed with the work under the Contract at a reasonable rate is a substantial breach of Contract as defined in Clause 17.1. Accordingly, I instruct you to proceed with the work under the Contract so as to bring it to Completion within the time(s) required by the Contract. This instruction is issued Clause 2.3 of the General Conditions of Contract. It is not a Variation instruction or an instruction to accelerate the Works. sincerely, » insert the name of the Authorised Person Authorised Person Guide Notes This form of letter may be appropriate where, for example, the Contractor refuses to proceed with the work pending approval of a claim or agreement to the value of a Variation. If the Contractor continues to refuse to proceed with the work, it may be necessary to take action under Clause 17.1. (See Sample Letter 17A.)
mw21-2b-instruct-contractor-continue-working.docx