Application of the Time 'at large' Principle to Standard Forms of Contract

摘要

The contractor has an obligation to complete the works within the time for completion, and the employer should not impede the contractor in performing its obligations under the contract. To this end, if the contractor is prevented from completing by the date for completion by an act of prevention by the employer and there is no corresponding right to extend time for completion as a result of such act, or the time for completion is not properly extended, time becomes 'at large'. Accordingly, the contractor is not under the obligation to complete the works within the original time for completion and he should complete within a reasonable time. This paper used a two-step research methodology where the time 'at large' principle is explained within the context of the common law legal system and is consequently applied to various standard forms of contract. The standard forms of contract examined in this paper include the Joint Contracts Tribunal (JCT) Design and Build Contract of 2011, the World Bank Conditions of Contract (WB Contract) included in the Standard Bidding Documents for Procurement of Works (SBDW), the Federation of Consulting Engineers (FIDIC) Conditions of Contract for Construction issued in 1999, and the American Institute of Architects (AIA) Conditions of contract for Construction (A201) of 2007. The authors highlighted the provisions related to delays and extension of time and mapped to them the principle of time 'at large' to conclude when time could become 'at large' under the subject contracts. This study helps employers and contractors - entering into projects using any of these standard forms of contract within a common law legal system - to avoid conflicts, claims, and disputes associated with and/or resulting from the time 'at large' principle. This should support effective and efficient contract administration of construction projects.