The calling of the construction contract's time to be at large and its arising obligations and onuses -

Abstract

Time for completion of a construction project is of great importance, as having a preset completion date carries certain advantages and implications. That is, having a fixed completion date aids the Employer in planning the facility's operation phase, and it is according to this date that the Contractor plans his work, allocates his resources, and generates his baseline schedule. If the Contractor inexcusably overruns this completion date, he becomes liable for delay damages, which usually take the form of liquidated damages. Time for completion is said to be at large if the project's completion date cannot be identified, due to circumstances primarily related to the inability or of the Employer to give an extension of time in connection with impeding actions of the Employer’ own making. A detailed literature review, covering time for completion, extension of time and liquidated damages clauses, and notice provisions versus condition precedent, is presented in order to understand the true purpose of each and how they can be properly triggered and used. Then, the concept of time at large is examined under the civil and common law systems in order to test whether a viable argument for time at large can be constructed under each. The thesis concludes with four possible scenarios of events thought of to lead to the time for completion to being called at large. In addition, it contrives a general systematic method that can guide in testing whether time can be declared at large for a given case at hand. Moreover, it identifies three consequences of time at large , offers a definition for what is known as the period of reasonable time within which the works would still have to be completed, and explains major factors believed to be affecting the duration of this period. Finally, a case study is presented and tested to examine the validity of the case’s time at large claim using the method devised as part of this thesis’ work. This research’s outcome serves as a contribution to the existi