John ME Lyden
March 2005
A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork, Ireland on 6th October 2003
The author reviews all aspects of contractual extension of time provisions, beginning with a look at the common law background (with particular reference to cases in Ireland) and also considering the provisions of a number of standard forms, in particular the GDLA 82 Conditions of Contract.
Introduction - No date for completion - Liquidated damages for delay - Liquidated damages and penalties - 'Nil' damages and sectional completion - The prevention principle - Extension of time clause - Critical and non-critical events - Concurrent delays - General principles in delay analysis - Types of delay - Neutral delays under the GDLA 82 Condition of Contract - Employer delays under the GDLA 82 Condition of Contract - elationship between time and money - Contractor should give notice of delay - Are notices a condition precedent to an extension of time? - Strict notice requirements - Notice requirements relaxed - When will notice requirements be strictly enforced? - Time for granting an extension of time.
The author: John M E Lyden FICS, FSCS, MIN, MCIArb, MEWI is an arbitrator, chartered quantity surveyor and conciliator practising in Cork, Ireland.
Text: 16 pages including appendix
PDF file size: 74k