Time Flashcards
An extension of time regime is required because otherwise an ommission by the Principal that delays the Contractor will set time “at large”.
Peak Constructions (Liverpool) Ltd v McKinney Foundation Ltd (1970) EWCA
Bifold delay - redesign of defective pillars - delay in instructions.
A discretionary power to grant an EOT, even if contractor is time barred, MUST be granted for the Principal’s delay.
Peninsula Balmain Pty Limited v Abigroup. Contractors Pty Limited [2002] NSWCA
Contractor time barred - AS2124 now often amended - Principal’s benefit only.
It is permissable to bring a global claim where it is impractical to disentangle the part of the loss attributable to each claim, and where difficulty has not bee caused by the contractor’s delay.
John Holland Construction and Engineering Pty Ltd v Kvaerner R J Brown Pty Ltd (1996) VSC
Where the Contractor has programmed to complete early and has assumed a contractual obligation to so complete, the Owner has an obligation to co-operate with the accelerated program.
Ailleraji Ply Lid (illfiq) v Groeoll Lid (1994) VSC
Generally, there is no obligation to co-operate with the Contractor’s accelerated program.
Glenlion Constructions Ltd v The Guiness Trust (1987) (UK)
What is the difference between float and contingency?
Without CPM at commencement, there is no yardstick to analyse individual delay . A judge must make a ‘fair and reasonable’ apportionment of the gross delay.
City Inn v Shepherd Constructions [2007] (Scotland)
Will the wrongful failure to grant a DEOT re-enliven the prevention principal?
No.
Judge or arbitrator can simply award the appropriate extension.
(Dado’s Article)
What are the two contractual mechanism for protecting the principal from the prevention principal?
They are:
- Time bar - Contractor fails to submit on time - Turner.
- DEOT - Presence in contract means court can open up decision, grant EOT and “cure” prevention.
