Where the date for completion has already passed, does the architect or engineer retain the power to grant an extension of time?
Extension 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 completion date, and the damages tied to it, still stand.
Yes as a general rule: an architect or engineer may grant an extension of time after the completion date has passed and even after completion, subject to the contract timetable and to any wording that limits the power to fix a new date after the works are finished
Yes. As a general rule an architect or engineer may grant an extension of time after the completion date has passed, and even after the works are complete, because the cause of delay can run to the last moment and the final assessment is naturally a look back over what happened. That is the Court of Appeal position, and the standard forms build it in: the final extension of time review is a mandatory retrospective exercise carried out after practical completion. The main qualification is the contract wording. Where a clause fixes a timetable for the decision, the decision-maker must keep to it, and unusual language can, on its own terms, prevent a new completion date being fixed after the works are finished. Lateness in deciding does not usually invalidate the extension, but failing to operate the mechanism at all for an employer delay can set time at large.
| General rule | A retrospective extension is permissible, even after the works are complete |
| Standard forms | The final review after practical completion is a mandatory retrospective exercise |
| Contract timetable | Where a period for the decision is fixed, the decision-maker must keep to it |
| Unusual wording | Particular language can prevent a new completion date after completion |
| The real risk | Not operating the mechanism for an employer delay can set time at large |
The rest of this solution is for members
Fifty of the two hundred contractual solutions are free to read. This is one of the remaining hundred and fifty, which Premium and Pro carry.
See what Premium includesAlready a member? Sign in