Extension of time Definition

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What does Extension of time mean?

A mechanism by which a contractor requests a longer period than had been contractually agreed in order to complete the building works.

A contractor will usually make a request for an extension of time and give reasons for it. An extension of time is usually only given if the contractor proves that the delay to the completion date is not down to his action or inaction. Common reasons for an extension of time would include adverse weather, variations to the works from the employer or difficulties encountered on site. If an extension of time is not granted and the contractor does not meet a contractually agreed completion date he may be exposed to a claim for liquidated damages.

View the related checklists about Extension of time

Responding to a freezing injunction—checklist

Responding to a freezing injunction—checklist This Checklist provides a suggested approach for dealing with and responding to a freezing injunction. It is intended as a starting point, listing various key matters which you should consider when preparing your client’s response. It is assumed that: • the freezing injunction was granted pre-action and without notice, and • your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see Practice Notes: • Freezing injunctions—guiding principles • Freezing injunctions—the application • Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided the following documentation (at the very least): • the application notice • the affidavit(s) in support • the sealed order • a transcript of the hearing • the skeleton argument (if one was used at the hearing) If any of the above documents are missing, ask the applicant’s solicitors for them as a matter of urgency. You will need all of the documents relied upon at the without notice...

Alternative service—practical considerations checklist (cross border)

Alternative service—practical considerations checklist (cross border) This Checklist sets out examples of practical issues to consider when dealing with an alternative service application involving service outside England and Wales. Checklist Consideration References If an application for alternative service is being made on the grounds that service through the permitted methods, including the Hague Convention, is likely to be protracted, the application should be supported by the following:—confirmation from the Foreign Process Office of the time delays in serving for that country—detailed evidence, ideally from a locally-qualified lawyer, which demonstrates how long service is expected to take through normal channels. This should be by reference to specific experience or examples where relevant—if delay is notorious in the jurisdiction, then some independent evidence should be exhibited to support this Practice Note: Alternative service—making an application—Evidence in support The courts will take into account any evidence that a defendant is attempting to evade or obstruct service. A claimant should seek to carefully document any such behaviour as this will strengthen...

Claims under the FIDIC Silver Book 2017 (clause 20.2)—flowchart

Claims under the FIDIC Silver Book 2017 (clause 20.2)—flowchart This flowchart sets out the process for claims by the Contractor or Employer under clause 20.2 of the FIDIC Silver Book 2017, which applies to: • claims by the Employer for: ◦ additional payment or a reduction in the Contract Price, and/or ◦ an extension of the Defects Notification Period • claims by the Contractor for: ◦ additional payment, and/or ◦ an extension to the Time for Completion The claiming party must also comply with any specific requirements stated in the clause in which the relevant entitlement is set out. For more information, see Practice Note: FIDIC contracts 2017—Contractor and Employer

Extension of time claim process in JCT SBC 2011—flowchart [Archived]

Extension of time claim process in JCT SBC 2011—flowchart

Extensions of time under construction contracts

This Practice Note examines the circumstances in which a construction contract might entitle a contractor to claim additional time in which to complete the works (known as an 'extension of time' or 'EOT'), and the importance of contractual procedures in this regard.A construction contract will, ordinarily, specify the date by which practical completion of the works must be achieved (see Practice Note: What is practical completion?). This is typically referred to as the 'completion date' (or something similar). However, during the course of a construction project, it is common for events to occur which delay (or threaten to delay) the progress of the works, affecting the critical path (see Q&A: What is the critical path?) and having an impact on the contractor’s ability to complete the works by the completion date. These are often referred to as 'delay events'. An extension of time allows the contractor to complete its works within a set period after the original contractual completion date, without becoming liable to pay the employer liquidated damages (or,...

Claims under construction contracts—time bars and conditions precedent

Construction contracts commonly provide that, if a party wishes to bring a claim under the contract, it must follow a prescribed procedure. This often requires the claiming party to give a particular notice, sometimes followed by a further notice and/or more detailed information, to the other party and/or contract administrator, which may have to be in a particular format and meet specific requirements as to content. Often, these notice provisions also contain what is commonly referred to as a ‘time bar’ provision, meaning that the claiming party must give the notice(s) within a specified period of time.If the time bar is a condition precedent, then a failure to comply with the provisions of the contract will mean that the claiming party loses its entitlement to bring the claim, no matter how strong its claim would otherwise have been. The use of such time bar clauses has become increasingly common and they now appear in some of the standard form contracts (see Conditions precedent in standard form contracts below).Most commonly, condition...

Discover our 721 Practice Notes on Extension of time

Re-measurement clause

Remeasurement 1 [Gross Internal Area means the gross internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition). OR Net Internal Area means the net internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition).] 2 When the [frame OR shell OR [other relevant point of construction]] of each of the relevant parts of the Works i

Public inquiry warning letter

Public inquiry warning letter Inquiry: The [insert name of inquiry] inquiry Chair: [Insert name of inquiry chair] [Insert inquiry contact address etc] [Insert name of recipient] Confidential [Insert date] Dear [insert name of addressee], The [insert name of inquiry] inquiry I write on behalf of the Chair of the Inquiry. Background to the Inquiry The Inquiry was announced by [insert source eg Secretary of State] on [insert date]. Its terms of reference are as follows: ‘[Insert terms of reference]’. The Inquiry panel is now preparing its report. Within that report, the panel is minded to criticise your role in the events it has examined. This letter sets out the proposed criticism, the facts on which the proposed criticism is based and any evidence considered to substantiate it. The letter is intended to offer you a reasonable opportunity to respond to the proposed criticism prior to the publication of the report. Warning letters: legal framework The Inquiry is concerned to ensure that it acts fairly towards witnesses and others who may...

Dive into our 111 Precedents related to Extension of time

On an application for the termination of a periodical payments order, can the court take into account shares owned by the paying party? If so, can the court make an order that the shares (or income from the shares) be transferred/paid to the receiving party, where the paying party does not have sufficient income from employment or savings to continue paying the maintenance, in order to capitalise the periodical payments order?

On an application for the termination of a periodical payments order, can the court take into account shares owned by the paying party? If so, can the court make an order that the shares (or income from the shares) be transferred/paid to the receiving party, where the paying party does not have sufficient income from employment or savings to continue paying the maintenance, in order to capitalise the periodical payments order? Where a court has made a financial remedies order pursuant to the Matrimonial Causes Act 1973 (MCA 1973) (or the equivalent provisions of the Civil Partnership Act 2004), a party can make an application to vary or discharge orders for periodical payments, among other things. Where the court discharges a periodical payments order (PPO), or varies it so that the payments are required to be made only for such further period as is determined by the court, the court has the power to order the capitalisation of that maintenance obligation by the payment of a...

In relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975, is there an application that must be filed for permission to issue a claim outside of the six months after probate has been granted?

In relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975, is there an application that must be filed for permission to issue a claim outside of the six months after probate has been granted? The time limit The court’s permission is required to make an application under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975, after six months has lapsed from the date of the grant. However, in view of the provisions set out in the Inheritance and Trustees' Powers Act 2014 which enables proceedings to be issued before the grant, it is unlikely that permission to bring a claim out of time will now be granted, save in exceptional circumstances. The procedure In cases where the time limit has lapsed, if the claimant wishes to pursue a claim they will have to apply for permission to bring the claim outside the time limit. However, rather than making an application under CPR 23, such relief must be expressly pleaded in the claim...

See the 146 Q&As about Extension of time

PI & Clinical Negligence weekly highlights—12 December 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a High Court case which looked at the use of intermediaries to assist vulnerable parties in personal injury claims. We also consider a Court of Appeal decision which ruled that denying hire charges based solely on the lack of a valid MOT would be a disproportionate response to the relatively minor nature of that offence. We also include our usual roundup of other news, cases and New Law Journal articles of interest.

Local Government weekly highlights—5 December 2024

This week's edition of Local Government weekly highlights includes: expert analysis on the decision in Welsh Language Commissioner v National Savings and Investments, where the Welsh Language Commissioner challenged the decision to withdraw its Welsh language scheme despite the Commissioner's recommendation. Case reports include the decisions in QA v SOS for FCDO, where the High Court quashed the SOS’s decision on Afghan resettlement due to bias concerns; ZHB v Cardiff City Council, in relation to age assessment; A Local Authority v W, where the Family Court ruled on the threshold criteria for infant's care proceedings despite the mother's pre-birth death; South Tyneside Council v E, where the Family Court granted special guardianship to the maternal uncle in UAE despite the challenges; the Court of Appeal’s decision in Sashi Shashikanth v NHS Litigatin Authority, on the adjudicator's decision on NHS contract dispute; Wallis v North Northamptonshire Council, where the High Court dismissed the out-of-time judicial review claim against planning permissions; and SOS for Work and Pensions v Versnick, where the Court...

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