Time at large definition

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The prevention principle

The prevention principle This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also considers the application of the principle to notification provisions and to concurrent delay. The meaning and nature of the prevention principle At its simplest, the meaning of the prevention principle in English law is that a party cannot benefit from its own wrong—ie a party cannot benefit from its own breach or act of prevention. In a construction context, the words of Jackson J (as he then was) in Multiplex v Honeywell are a helpful starting point on the meaning of the principle: '….the essence of the prevention principle is that the promisee cannot insist upon the performance of an obligation which he has prevented the promisor from performing' Some guidance as to the nature of the prevention principle was provided by the Court of Appeal in North Midland v Cyden, in which the court had to consider whether...

Time of the essence—construction contracts

Time of the essence—construction contracts What does time of the essence mean? Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a condition of the contract. Failing to comply can therefore allow the innocent party to terminate the contract and claim damages. A construction contract is unlikely to include time of the essence provisions. Liquidated damages, rather than termination, will ordinarily be the remedy for late completion of construction works. Where time is not of the essence, in the absence of other contractual provisions relating to time (or if such provisions are inadequate), there will only be an obligation to perform the contract within a reasonable time. Time is then said to be 'at large' (see Practice Note: Time at large in construction contracts). How does time become of the essence? Express provision Time will be of the essence if the parties have expressly stated in the contract that it is to be so. Simply...