Does an extension of time automatically entitle the contractor to loss and expense?
No. An extension of time and financial compensation are separate entitlements unless the contract expressly combines them. The contractor must establish the contractual basis and evidential requirements for each remedy.
No. Time relief does not automatically establish an entitlement to payment
An extension protects the contractor from the consequences of culpable delay for the period awarded. Financial recovery requires a separate compensable event, compliance with any notice and particulars requirements, causation and proof of recoverable loss. Some events provide time only; others provide both time and money. A decision on one entitlement may be relevant evidence, but it does not decide the other without supporting contractual analysis.
| Issue | Position |
|---|---|
| Extension of time | Adjusts the completion obligation |
| Loss and expense | Requires a separate payment entitlement |
| Time-only event | May excuse delay without compensating cost |
| Time-and-money event | Must satisfy both contractual routes |
| Quantum | Requires causal and contemporaneous proof |
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