International Construction Law Review
SHUT YOUR EYES, GROPE IN THE DARK AND … NEVER LOOK BACK? ARE EXTENSION OF TIME PROVISIONS UNWORKABLE AND PRONE TO DISPUTES?
CHANTAL-AIMÉE DOERRIES KC
PROFESSOR DOUGLAS S JONES AO
ANGEL GARCIA DOMINGUEZ
CENG MICE FCIARB*
Forensic delay expert
ABSTRACT
This article examines the efficacy of extension of time provisions in construction standard forms of contract such as JCT, NEC and FIDIC. It seeks to determine whether these provisions work effectively in practice or, to the contrary, if they should be revised to enhance their application. It relies on English case law, expanding into other jurisdictions for comparison. The aim is to improve the prospects of early resolution of claims and thereby reduce the escalation of disputes. It analyses the operation of these provisions and reviews the most common contentious issues encountered by the parties at project level. It concludes that there is room for reform to provide flexibility to manage time claims more effectively, ultimately leading to a desirable result without the need for formal dispute resolution.
INTRODUCTION
Time for completion is defined in most standard forms of contract.
A construction project is commonly subject to many changes, some of which will entitle the contractor to additional time to complete the works.1 An extension of time clause is an express contractual provision that enables the time for completion to be adjusted. It serves two purposes. The
* The author gratefully acknowledges comments provided on earlier drafts by Julian Bailey, Partner at Jones Day and Visiting Professor at The Dickson Poon School of Law, King’s College London.
Angel Garcia Dominguez is a Chartered Civil Engineer, Member of the Institution of Civil Engineers (CEng MICE) and Fellow of the Chartered Institute of Arbitrators (FCIArb). He has more than 15 years of construction experience working in both a contracting and consulting environment. He now acts as a Forensic Delay Expert. Angel holds a MEng in Civil and Structural Engineering from the University of Granada and specialised with an MSc in Design and Construction of Railway Infrastructures from the Universidad Politecnica of Catalunya with Distinction. He also holds an MSc in Construction Law and Dispute Resolution from King’s College London with Distinction and was awarded three prizes for his performance, two SCL prizes for best overall graduate, and best dissertation and the Worshipful Company of Arbitrators Charitable Trust for the best-assessed coursework performance in the second year.
1 Depending on the contractual rights and obligations set out in the particular form of contract.
Pt 4] Shut Your Eyes, Grope in The Dark And … Never Look Back?
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