Time at large Definition

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GLOSSARY

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What does Time at large mean?

Time is said to be 'at large' where there is no enforceable date for completion of the works, and the contractor instead has an implied obligation to complete within a reasonable time. For example, time can become at large if the employer delays progress but there is no mechanism for the contractor to be awarded an extension of time.

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The prevention principle

The prevention principle This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also considers the application of the principle to notification provisions and to concurrent delay. The meaning and nature of the prevention principle At its simplest, the meaning of the prevention principle in English law is that a party cannot benefit from its own wrong—ie a party cannot benefit from its own breach or act of prevention. In a construction context, the words of Jackson J (as he then was) in Multiplex v Honeywell are a helpful starting point on the meaning of the principle: '….the essence of the prevention principle is that the promisee cannot insist upon the performance of an obligation which he has prevented the promisor from performing' Some guidance as to the nature of the prevention principle was provided by the Court of Appeal in North Midland v Cyden, in which the court had to consider whether...

Time of the essence—construction contracts

Time of the essence—construction contracts What does time of the essence mean? Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a condition of the contract. Failing to comply can therefore allow the innocent party to terminate the contract and claim damages. A construction contract is unlikely to include time of the essence provisions. Liquidated damages, rather than termination, will ordinarily be the remedy for late completion of construction works. Where time is not of the essence, in the absence of other contractual provisions relating to time (or if such provisions are inadequate), there will only be an obligation to perform the contract within a reasonable time. Time is then said to be 'at large' (see Practice Note: Time at large in construction contracts). How does time become of the essence? Express provision Time will be of the essence if the parties have expressly stated in the contract that it is to be so. Simply...

Discover our 3 Practice Notes on Time at large

In the FIDIC 2017 contracts (Red and Yellow books), what is the consequence of the employer failing to appoint an engineer (assuming the employer never appoints the engineer)? If a contractor does not want to terminate the contract as a result of such a breach by the employer of its obligations under the contract, can it argue that all the obligations of the engineer are, by default, employer's obligations and treat the contract as if references to the engineer are references to the employer?

In the FIDIC 2017 contracts (Red and Yellow books), what is the consequence of the employer failing to appoint an engineer (assuming the employer never appoints the engineer)? If a contractor does not want to terminate the contract as a result of such a breach by the employer of its obligations under the contract, can it argue that all the obligations of the engineer are, by default, employer's obligations and treat the contract as if references to the engineer are references to the employer? What are the consequences if the employer fails to appoint an engineer? The precise consequences of the Employer’s failure to appoint an Engineer are likely to depend on the particular circumstances and the impact of that failure on the Contractor. For example, where the Employer’s default, ie the failure to appoint an Engineer, causes the Contractor delays, then the Contractor may be entitled to an extension of time, following the procedure in clause 20 of the FIDIC 2017 contract. The Contractor would...

Is it possible to claim for direct losses for delay in addition to liquidated damages where the contract does not state that liquidated damages are the sole remedy for delay?

Is it possible to claim for direct losses for delay in addition to liquidated damages where the contract does not state that liquidated damages are the sole remedy for delay? The general position is that, where parties have provided that liquidated damages (LADs or LDs) will be payable by the contractor if completion is delayed, this will be the employer’s sole remedy for such delay. In this situation, the employer will therefore not be able to seek general (ie unliquidated) damages from the courts in addition to, or instead of, claiming LADs—whether or not the parties have used express ‘sole remedy’ wording. This is illustrated particularly in cases where parties have inserted ‘nil’ or ‘N/A’ as the amount of LADs payable. For example, in Temloc v Errill Properties, the parties had inserted ‘nil’ in the contract particulars against the amount of LADs payable. The court held that the effect of this was that LADs were still the employer's sole remedy for delay damages under the contract,...

See the 2 Q&As about Time at large