When assessing an extension of time, can an architect or engineer reduce the period to reflect time saved by omitted work?
Omitting 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 words of the particular form.
Only where the contract expressly provides: absent clear words the decision-maker cannot cut the contract period or withdraw an extension already granted to reflect omitted work, and no form may reduce the period below the original completion date
The answer is a matter of the contract's wording. The default position favours the contractor: having been given a period to complete, it should not have that period cut after the event to reflect omitted work, and the courts will not imply a power to do so. Several standard forms create a limited express power. The JCT form lets the reviewer fix an earlier completion date on the post-completion review to reflect omissions, but never earlier than the original completion date. Some government works forms let an interim extension be reduced to the extent of an authorised omission. A common engineering form forbids any decrease of an extension already granted. Other forms, including the main process and plant forms and the NEC, say nothing about omissions, so no reduction is available. Even where time cannot be taken back, saved time from omissions can be set against a later delay when a further extension is considered.
| Default | No automatic reduction; the contractor keeps the time it was given |
| Express power only | A reduction for omissions must be spelled out in the contract |
| The floor | No form may fix a completion date earlier than the original completion date |
| Granted extensions | Generally cannot be withdrawn unless the form expressly allows it |
| Silent forms | No provision means no power to reduce |
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