7. Extensions of Time

  1. Roger Knowles FRICS, FCIArb, FQSi, Barrister

Published Online: 14 FEB 2012

DOI: 10.1002/9781118257050.ch7

200 Contractual Problems and their Solutions, Third Edition

200 Contractual Problems and their Solutions, Third Edition

How to Cite

Knowles, R. (2012) Extensions of Time, in 200 Contractual Problems and their Solutions, Third Edition, Wiley-Blackwell, Oxford, UK. doi: 10.1002/9781118257050.ch7

Publication History

  1. Published Online: 14 FEB 2012
  2. Published Print: 15 FEB 2012

ISBN Information

Print ISBN: 9780470658314

Online ISBN: 9781118257050

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Keywords:

  • extensions of time;
  • contracts, and notice of delays;
  • contractors, failing to submit delay notices;
  • prevention principle;
  • Barque Quilpe Ltd v. Brown (1904);
  • party to a contract, having no compliance;
  • contracts, with precise wording;
  • extension of time in contracts;
  • absence of specific wordings, null and void

Summary

This chapter contains sections titled:

  • Does a contractor or subcontractor lose entitlements to extensions of time if he fails to submit the appropriate notices and details required by the contract?

  • What is the Prevention Principle – does it provide a contractor with assistance in avoiding the payment of liquidated or delay damages where he fails to serve a delay notice, which the contract states is a condition precedent to the granting of an extension of time?

  • Are minutes of site meetings considered by the courts to be adequate notices of delay required by extension of time clauses?

  • Can an architect/engineer grant an extension of time after the date for completion has passed?

  • If the architect/engineer issues a variation after the extended completion date but before practical completion, should an extension of time be granted employing the date the variation is issued or by adding the net period of delay resulting from the variation to the existing completion date? Alternatively, does the issue of a variation at this time render time at large?

  • When an architect/engineer is considering a contractor's application for an extension of time, can he reduce the period to which the contractor is entitled to reflect time saved by work omitted?

  • Where a contractor's progress is behind programme, will he be entitled to an extension of time where progress and completion is affected by exceptionally adverse weather, but would not have been so affected if work had been on programme?

  • Some standard forms of contract, such as the JCT contracts, provide for extensions of time where work is delayed due to ‘force majeure’. What is force majeure?