Civil Engineering Reference
In-Depth Information
6
Extensions of Time
The whole business of delays and extensions of time is widely misunderstood.
The principal reason for the existence of an extension of time clause is to enable a
known completion date to be fixed in response to any delay for which the employer
either is responsible or has taken responsibility so that liquidated damages can be
recovered thereafter. A purely subsidiary reason is to take some of the risk from the
contractor for matters which are outside the control of both parties. All the standard
forms, with the exception of MW and MWD, make detailed provision for what is to
happen if delay occurs. In order to ensure that you obtain the extensions to which
you are entitled under a particular contract, you must be scrupulous in complying
with the detailed provisions for notices and supporting information. Although
your notice of delay is not a condition precedent to the granting of an extension
of time, failure to observe the provisions properly often results in extensions being
granted later rather than sooner and for rather less a period than expected.
The following letters deal with notification of delay and some of the problems
which commonly arise, often due to the architect or the contractor being imperfectly
aware of their obligations.
