Extensions of Time

Legal and Contractual Solutions

Extensions of Time

Practitioner solutions on extension of time: notices and time bars, the prevention principle, delay notices, EOT after the completion date, net or gross assessment, omissions, adverse weather and force majeure.

Does a contractor lose its entitlement to an extension of time by failing to give the required contractual notices?PremiumCan a contractor forfeit its right to an extension of time, and to the money that travels with it, by failing to give the notices the contract requires? The answer decides who pays...

Does the prevention principle relieve a contractor of liquidated or delay damages where it failed to serve a condition precedent delay notice?PremiumThe prevention principle stops an employer enforcing a completion date it prevented the contractor from meeting. Whether it also rescues a contractor that missed a condition precedent...

Do minutes of site meetings satisfy a contractual requirement to give notice of delay under an extension of time clause?FreeContractors often record delays in the site minutes rather than serving separate notices. Whether those minutes are a good notice under the extension of time clause can decide whether...

Where the date for completion has already passed, does the architect or engineer retain the power to grant an extension of time?PremiumExtension of time decisions are often made late, sometimes after the completion date and sometimes after the works are finished. Whether a late grant is valid decides whether the...

Where a variation is instructed after the completion date, is the extension of time assessed net or gross, and does it put time at large?PremiumA variation instructed after the completion date has passed raises three arguments at once: a gross extension to the date of the instruction, a net extension of the actual delay, or...

When assessing an extension of time, can an architect or engineer reduce the period to reflect time saved by omitted work?PremiumOmitting work can free up programme time. Whether the decision-maker may use that saved time to shorten the contract period, or to cut back an extension already granted, turns on the...

Is a contractor entitled to an extension of time for exceptionally adverse weather when it is behind programme?PremiumWhen exceptionally adverse weather delays a contractor that is already behind programme, employers argue the weather would have caused no delay on time. Whether that argument works...

What is force majeure, and when does it give a contractor an extension of time?FreeSeveral forms list force majeure as a ground for an extension of time without defining it. Because English law has no general doctrine of force majeure, its meaning turns on the...