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Can the contractor be entitled to an extension of time if it finishes before the date for completion?
The Contractor is entitled to claim an extension of time under clause 10.5 of PC-1 if, prior to the Date for Completion of the Works or a Stage, the Contractor is, or is likely to be, delayed by an Act of Prevention or a cause described in the Contract Particulars which will prevent it from achieving Completion of the
Can a contractor claim an extension of time after practical completion?
There is no express bar in the contract on claiming an extension of time after practical completion, and it is difficult to find any implicit bar. Clause 2.8 of the contract permits the Employer to claim liquidated damages (LD's) at any time until the final certificate is issued.
What is an extension of time claim?
How to prepare a claim for an extension of time. Construction contracts generally allow the construction period to be extended when there is a delay that is not the contractor's fault. This is described as an extension of time (NOT). For more information, see Extension of time — approval letter example.
What is time at large on construction contracts?
In short, the common law principle of time at large is this: if a delay event occurs that is the employer's fault and the contract does not allow the completion date to be extended in that event, the original completion date, and any liquidated damages' regime, fall away and time is put at large.
How and why are extensions of time dealt with in a contract?
The purpose of an extension of time clause in the contract is to preserve liquidated damages and prevent the contract from being frustrated. The main beneficiary of the extension of time clause is the employer.
What kind of delays would allow a contractor to receive an extension of time?
Compensate Delays are delays that are unforeseeable and beyond the contractor's control, but for which the contractor is entitled to not only a time extension but also additional compensation. Normally a Compensate Delay is caused by the government.
Which situations would constitute an excusable delay in contract performance?
Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather.
How do I request an extension for construction?
The Process to Request a Time Extension A formal letter is addressed to the contract administrator requesting the time extension and the reasons why those days should be added to the construction schedule. The contract administrator then remits the letter to the project manager for evaluation and approval or rejection.
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