Time Flashcards
What are the main issues in relation to time within a contract?
- Commencement - possession of site, date for possession
- Progress - rate at progress of works
- Completion - date for completion, practical completion, delays
What dates in relation to time are inserted into the CP?
date for possession
date for completion
What is meant by the term ‘regularly and diligently’?
Regularly - contractor must attend on a daily basis with labour and materials to progress.
Diligently - need for the contractor to apply that physical capacity industriously and efficiently.
Why do we have extension of time mechanisms in building contracts?
Allow the construction period to be extended where there is a delay that is not the contractors fault.
What are relevant events? Give some examples.
- variations
- adverse weather
- terrorism
- strikes
relevant events cause a delay that impacts the completion date and is not caused by the contractor.
What is the procedure for claiming an extension of time?
Contractor has to give written notice to CA and identifies the cause and extent of delay.
CA may then grant EOT.
CA will adjust the completion date.
What is the difference between sectional completion and partial possession?
Sectional completion- allows different completion dates for different sections of the works and is pre-planned and stated in the contract. Allows client to take control of different sections whilst construction continues on others.
Partial possession - stems from pressure of client or tennants, take ownership of part of certain areas of the building even if work are still ongoing.
Define the term practical completion.
When all the works which are described in the contract have been carried out.
What are the effects of a practical completion certificate (JCT SBC 16) explaining the meaning/consequence of each one?
- releases half of the retention
- ends contractors liability for liquidated damages
- signifies the beginning of the defects liability period - typically lasts 6 to 12 months
What is the difference between the Date for Completion and the Completion Date (JCT)?
Date for Completion - date by which contractor is expected to complete the works, which may be earlier or later than the contract completion date.
Completion Date - date by which practical completion must be certified - client can take possession of the site. This date can be altered.
The contractor is in culpable delay by 4 weeks and whilst carrying out the final works there is considerable snow fall that has delayed the contract by a further week. How much EOT can the MC claim for?
There can be no EOT unless the whole project is potentially or actually delayed.
What is a concurrent delay and how should they be treated?
Complex situation where more than one event occurs at the same time, but where not all of those events enable the contractor to claim an extension/loss and expense.
You need to keep records to demonstrate the events.
They are treated through dispute resolution and each case will be treated differently.
If work is omitted from the project can the date for completion be brought forward, why?
Can’t ever fix a completion date earlier than the original date for completion.
If he MC does not complete by the completion date, what must the CA do? Why?
CA can claim for losses caused by the delay.
What happens if no date for completion is inserted in the contract?
- contractor will have an implied obligation to complete the works within a reasonable time
- no opportunity to claim for liquidated damages
