Time Related Qs Flashcards
What are the main issues in relation to time within a construction contract?
Obligations after completion
Extension of Time
Delay/progression
What dates in relation to time are inserted into the CP
Start date
Completion date
What is meant by regularly and diligently
Contractor will complete work efficiently and work to their full ability to progress works to an appropriate time, cost and quality
Why do we have EoT mechanisms in building contracts
This helps to preserve liquidated damages and gives the contractor an amount of leeway when there are delays due to causes beyond contractors control
What are relevant events?
Relevant event is an event that causes a delay to the completion date, which is caused by the client, or a neutral event not caused by either party
Variations Force majeure Strikes Adverse weather Specified perils
What is the procedure for claiming an EoT
When it becomes apparent that a delay will be caused due to a relevant event, the contractor must give a written notice to the CA, identifying how the delay was caused
What is the difference between sectional completion and partial possession?
SC
Different completion dates for different sections of work.
Common on large projects e.g. Housing.
PP
Contract may allow the employer to take partial possession of a part of the works before formal completion of project.
Define practical completion
Practical completion is the completion of the entire construction work which is involved in a contract
What are the effects of a practical completion certificate explaining the meaning/consequence of each one
Start of rectification period - defects liability period
Part release retention
End of L+A damaged - contractor no longer liable for L+A damages
What is the difference between date of completion and the completion date?
Date of completion is the date the contractor is expected to complete the works which may be earlier or later that the one specified in the contract
Completion Date
The date work has been completed and the client can take possession of the site
What is a concurrent delay and how should they be treated?
A complex situation where one or more event occurs at the same time.
If events show a direct impact on the project then an EoT may be given, However if an event was already caused by the contractor then the second event may be said to have no correlation with the project delay
If the MC doesn’t complete by completion date what must the CA do?
CA will issue a certificate of non completion, which acts as a prerequisite to claiming for Liquidated and ascertained damages.
What happens if no date for completion is inserted in contract?
Work should be completed to a reasonable time frame
What are the MCs obligations after completion (JCT)
Amend/Fix defects which may arise after completion
Schedule of defects released by the CA 14 days after rectification period
