Commentary

61 Operation of extension of time provisions

BUILDING AND ENGINEERING vol 5
| Commentary

61 Operation of extension of time provisions

| Commentary

61 Operation of extension of time provisions

Where the contract lays down specific procedures1 or specific time limits for applying for or the granting of extensions of time, it is a question of construction whether these are conditions precedent to a valid application or exercise of the power2. If they are so construed and a contractor’s application is not made in accordance with the contract, the right to apply at all may be lost. Similarly, a purported extension of time which does not comply will be invalid and, if it is the employer who has caused the delay in question,

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