Time-at-large callings : computation of reasonable time and administration of relevant contractual obligations.

Abstract

Delays have been found to be the most cited source of disputes and the costliest cause of problems on construction projects in many contractual regimes. Delays can be caused by either Contractors or Employers or both. Delays can sometimes be controlled or remedied through the extension of time mechanisms stipulated for in contracts. However not every delaying event is covered in contracts, which makes delays in such cases hard to limit and prone to escalate the disagreements on hand to the level of complicated disputes. Disputes may reach the point where the Contractor declares time to have become at large, a case that existed a long time ago in many construction cases documented in literature, but still has uncertain and unanswered ends. It is safe to say that there is a consensus in the literature about the fact that in such cases, the Contractor is not bound anymore to finish by a fixed Time for Completion. Instead, he is supposed to finish all the works within “such a time that is reasonable under all circumstances” (McNair, 2011). The computation of this reasonable time remains quite vague, and only few papers tackle the topic. A diligent reading of the literature shed the light on a noticeable repetitive pattern, that is the attempt of the courts involved in time-at-large disputes to try and define the circumstances that shape the environment surrounding the Contractor as he moves on with the remaining works after he declares time to be at large and therefore dictating his progress on Site. In addition to this, several judges address the question of what remains enforceable from the contractual time risk structure in time-at-large situations. This research aims to find a common definition for the circumstances which govern the time taken by the Contractor to finish the Works. And since this process requires time impact analyses, whether presented by the Contractor or the Employer or both, the research also addresses the question of schedule administration in time-at-large cases. This was p