In disputes involving project delays, a relevant factor can be whether an extension of time ought to have been granted to the builder under the construction contract and whether any losses could be claimed as a result of the delay.
Standard construction contracts include provisions for the granting of extensions of time to builders by the project superintendent subject to the criteria set out in the contract. Ordinarily, this power is required to be exercised honestly and fairly for the benefit of either principal or contractor. However, this position can be varied by the terms of the contract to grant a superintendent an absolute power to exercise his or her discretion (if at all).
Our firm is experienced at providing legal advice and services in relation to extension of time claims with respect to construction contracts, including:
- assessment of the terms of the relevant contract to form a view as to the party’s contractual rights;
- assessment of the circumstances in which the dispute as to the extension of time arose; and
- quantification of liquidated or unliquidated losses that were caused by the failure to comply with the extension of time clause of the relevant contract.
If you require legal advice in relation to extension of time claims or construction contracts generally, please do not hesitate to contact us to arrange a meeting so that we may consider your specific circumstances.
The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.