QUOTE(Critical_Fallacy @ Oct 18 2014, 03:25 PM)
Thanks for your explanations. Here are some issues related to general contractual matters:
(1) I'm sure you had heard cases where some construction materials were stolen. If the employer has paid for materials on site which are subsequently stolen, who is liable in most cases?
(2) Some contracts call for Contractors to carry out Architect’s instructions forthwith and many Architects think that the Contractor, on receipt of the instruction, must immediately carry it out. If a contractor must do something ‘
forthwith’, how quickly should the contractor interpret that?
(3) There is a ‘higher’ clause in the contract saying that, “
When the language of a contract does not expressly, or by necessary implication, fix any time for the performance of a contractual obligation, the law implies that it shall be performed in a reasonable time. The rule is of general application...” How ‘reasonable’ is a reasonable time?
oic. i like answer this because i study a lot on construction law

1. contractor is liable. because contractor have the site possession. provided the material is under contractor custody.
2. this happen always and only competent contractor can manage it well. very simple, contractor have to carry out with due diligence and expedite the work. contract term called it "regular and diligent". what exactly it mean? upon receive of instruction, u have to start to begin the necessary work. a program bar chart will always be drafted and submitted in EOT application. u have to justify the thing to Employer on reasonableness by including the program bar chart with event as below,
a) date receive of instruction and drawings
b) production of shop drawing
c) review of shop drawing by consultant
d) construction of work as per instruction
if the date fall into critical path, then there u go, u entitle for EOT. if not then it's concurrent activity and contractor have to stick to the original completion date. the "forthwith" is within the buffer zone of master program
3. what is reasonable time? refer to the research here. Thanks to Ong Rui Ying for the said research. however u can't access the full research. i read this b4. they study on various of court cases.
http://eprints.utm.my/6658/QUOTE
Through the analysis of courts’ judgments, the meaning of “reasonable
time” when time at large occurs was determined. “Reasonable time” means
reasonable under the existing circumstances, assuming that those circumstances, in
so far as they involve delay, are not caused or attributed to by him and excluding
circumstances which were under the control of the contractor, considering what in
ordinary circumstances was a reasonable time for performance and then considering
to what extent the time for performance of the contractor was in fact extended by
extraordinary circumstances outside his control.