WK7PM - Time Related Flashcards
Q1. What are the main issues in relation to time within a contract?
- Obligations after completion
- Extension of time
- Delay / Progression
Q2. What dates in relation to time are inserted into the CP?
Start date / Completion date
Q3. What is meant by the term ‘regularly and diligently’?
The contractor will work efficiently and to the best of their ability in order to progress works at appropriate time, cost and quality – as stated in the contract.
Q4. Why do we have extension of time mechanisms in building contracts?
Helps to preserve liquidated damages and gives the contractor a % of leeway when there are delays caused by things outside of contractors control.
Q5. What are Relevant events? Give some examples
RE – an event causing a delay to the completion date which is caused by the client or neutral event. RE entitle C to EOT. However, does not necessarily entitle the C to claim L&E.
RM – a matter in which the client is Emp is responsible for that materially effects the progress of works enabling a claim for L&E.
Events in which extension of time can be claimed. E.g. Variations / Force Majure / Strikes / Adverse weather / Failure to provide information /Specified perils.
Q6. What is the procedure for claiming an extension of time?
When it becomes apparent that the relevant event will cause a delay, the contractor must give a written notice to the client identify how the delay has been caused.
Q7. What is the difference between sectional completion and partial possession?
Sectional completion – set completion dates for sections of work, used on large projects e.g. housing.
Partial possession – Contract may allow for the employer to take possession of part of the works before formal completion.
Q8. Define the term Practical Completion.
Practical completion is the completion of all works contained in the contract – all obligations have been met.
Q9. What are the effects of a practical completion certificate (JCT SBC16) explaining the meaning / consequence of each one?
- Start of rectification period – defects liability
- Part release of retention
- End of insurance
- End of L&A damages – Contractor no longer liable
Q10. What is the difference between the Date for Completion and the Completion Date?(JCT)
Date for completion – The date the contractor expects for the works to be completed this may be before or after the contract completion date.
Completion date – The date work has actually been completed and actual possession is passed to the client.
Q12. What is a concurrent delay and how should they be treated?
2 Events at one time causing delay e.g. Snow and labour shortage.
Apportionment – Scotland – Half and half
Malmaison approach – England & Wales – Walter v Lilly case – When there are two or more events and 1 is the employer’s fault then this constitutes a relevant matter and a 3 day extension. Must be relevant.
Q14. If the MC does not complete by the completion date, what must the CA do? Why?
The contract administrator may issue a certificate of non-completion, this acts as a perquisite to claiming for LAD’s
Q15. What happens if no date for completion is inserted in contract?
Always ensure a date is stated
If no date inserted in contract?
Lose right to liquidated and ascertained damages
Must be given possession at such time as will
enable the work to be completed by the
completion date
- C does not have to start work but may be liable for not proceeding regularly and diligently.
Q16. What are the main contractors’ obligations after completion (JCT)?
- Amend/fix defects which may become apparent after completion
- Schedule of defects released by CA 14 days after end of rectification period.
Q11. The contractor is in culpable delay by 4 weeks and whilst carrying out the final works a variation is issued as unforeseen conditions were found in the ground. This variation will delay the contractor by a further week. How much EOT can the MC claim for?
Culpable delay (sometimes referred to as 'contractor delay') on the other hand is a delay that is entirely the fault of the contractor. Where the contractor is culpable for a delay, they have no entitlement to an extension of time or loss and expense. Concurrent delays – C at fault for 4 weeks, but unforeseen GC is a RE and would entitle to an EOT of a week.
