Time at large Definition

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.

View the related practice notes about Time at large

Letters of intent—construction

Letters of intent—construction What is a letter of intent? Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before the employer is in a position to enter into the full building contact. The letter may only instruct the contractor to progress design and procurement in relation to the project, or it may authorise works to be commenced on site. Letters of intent vary in their form and complexity. A very simple letter of intent might only confirm a party's present intention to enter into a contract for construction works in the future. In the absence of anything else, such a letter forms nothing more than a non-binding statement of present intention, akin to a comfort letter. However, most forms of letter of intent used for modern construction contracts are much more complex and seek to create contractual relationships between the parties. See Turriff Construction v Regalia Knitting Mills (1971) 9 BLR 20 (not available in Lexis®Library). Modern...

NEC contracts—interpreting the list of compensation events (clause 60)

NEC contracts—interpreting the list of compensation events (clause 60) This Practice Note examines and provides commentary on the list of compensation events contained in clause 60 of the NEC3 and NEC4 engineering and construction contracts (NEC3 ECC and NEC4 ECC). It looks at how the different compensation events may be used in practice, provides references to case law on the topics and suggests ways in which the compensation event clauses may be amended by the parties. This Practice Note supplements Practice Note: NEC contracts—compensation event regime which sets out the process for claiming compensation events under the NEC3 ECC and NEC4 ECC. Note that the NEC3 suite refers to the ‘Employer’ but, in the NEC4 suite, the employer is re-named the ‘Client’. For ease of reference, this Practice Note uses ‘Client’ in relation to both contracts. For a glossary of NEC terms, see Practice Note: NEC contracts—glossary. Compensation events in clause 60 The list of compensation events in clause 60 is the same in both the NEC3 and NEC4...

Discover our 16 Practice Notes on Time at large

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,...

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...

See the 2 Q&As about Time at large

The prevention principle and concurrent delay

Construction analysis: Lucy Garrett of Keating Chambers considers the relationship between the prevention principle and concurrent delay.

Court considers concurrent delay clause (North Midland v Cyden)

Construction analysis: The court rejected a contractor’s argument that the effect of a bespoke concurrent delay clause in a JCT Design and Build Contract was that, in the event of concurrent delay, time became at large and the liquidated and ascertained damages (LADs) provisions fell away.

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