Where an architect or engineer is required to approve or accept a contractor or subcontractor drawing, how long can it take before an entitlement to an extension of time arises?
Slow approval of drawings can delay a project and shift the risk of that delay. Whether the contractor gets an extension of time, or time is set at large, turns on the approval timescale in the contract.
It depends on the contract: where a timescale is fixed, late approval that delays completion gives an extension of time; where there is no mechanism to extend time for late approval, time can be set at large; and where no timescale is set, a term is implied that approval be given within a reasonable time
It depends on the contract. Where the contract fixes a timescale for approving, accepting or querying the contractor's drawings, that governs, and if the architect or engineer misses it and the completion date is delayed, the contractor is usually entitled to an extension of time. If the contract provides no mechanism to extend time for late approval, the delay is the employer's own and time can be set at large, so the contractor need only complete within a reasonable time and the employer loses its liquidated damages. Where the contract sets no timescale at all, a term will be implied that approval must be given within a reasonable time, applying the stringent modern test for implying terms. What is reasonable is a question of fact, judged by the programme, the rate of progress and the completion date.
| Fixed timescale | Late approval that delays completion gives an extension of time |
| No extension mechanism | Late approval can set time at large; liquidated damages lost |
| No timescale | A reasonable time is implied for approval |
| Reasonable time | Judged by the programme, progress and completion date |
| Implied-terms test | Stringent: business efficacy or obviousness |
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