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GLOSSARY

Time at large definition

Published by a LexisNexis Construction expert

What does Time at large mean?

Time is said to be 'at large' where there is no enforceable date for completion of the works, and the contractor instead has an implied obligation to complete within a reasonable time. For example, time can become at large if the employer delays progress but there is no mechanism for the contractor to be awarded an extension of time.

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Construction Glossary—T

Construction Glossary—T A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Taking-Over Certificate The certificate issued by the Engineer under a FIDIC contract (by the Employer in the Silver Book) which certifies that the Works (or a Section) have been completed to the extent required under the contract and the date that this was achieved (similar to a certificate of practical completion in JCT contracts). See Practice Notes: FIDIC contracts 2017—time and FIDIC contracts (pre-2017 editions)—time. Taking off The recording of dimensions taken from drawings or schedules. The first stage in preparing bills of quantities. Target cost contract A type of cost reimburseable contract under which the contractor is paid the ‘actual cost’ it incurs in carrying out the works, but is subject to a target cost which is agreed by the parties at the beginning of the project. At the end of the project, the parties apply a...

Letters of intent—construction

Letters of intent—construction What is a letter of intent? Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before the employer is in a position to enter into the full building contact. The letter may only instruct the contractor to progress design and procurement in relation to the project, or it may authorise works to be commenced on site. Letters of intent vary in their form and complexity. A very simple letter of intent might only confirm a party's present intention to enter into a contract for construction works in the future. In the absence of anything else, such a letter forms nothing more than a non-binding statement of present intention, akin to a comfort letter. However, most forms of letter of intent used for modern construction contracts are much more complex and seek to create contractual relationships between the parties. See Turriff Construction v Regalia Knitting Mills (1971) 9 BLR 20 (not reported on LexisNexis®). Modern...

Discover our 9 Practice Notes on Time at large

In the FIDIC 2017 contracts (Red and Yellow books), what is the consequence of the employer failing to appoint an engineer (assuming the employer never appoints the engineer)? If a contractor does not want to terminate the contract as a result of such a breach by the employer of its obligations under the contract, can it argue that all the obligations of the engineer are, by default, employer's obligations and treat the contract as if references to the engineer are references to the employer?

In the FIDIC 2017 contracts (Red and Yellow books), what is the consequence of the employer failing to appoint an engineer (assuming the employer never appoints the engineer)? If a contractor does not want to terminate the contract as a result of such a breach by the employer of its obligations under the contract, can it argue that all the obligations of the engineer are, by default, employer's obligations and treat the contract as if references to the engineer are references to the employer? What are the consequences if the employer fails to appoint an engineer? The precise consequences of the Employer’s failure to appoint an Engineer are likely to depend on the particular circumstances and the impact of that failure on the Contractor. For example, where the Employer’s default, ie the failure to appoint an Engineer, causes the Contractor delays, then the Contractor may be entitled to an extension of time, following the procedure in clause 20 of the FIDIC 2017 contract. The Contractor would...

Is it possible to claim for direct losses for delay in addition to liquidated damages where the contract does not state that liquidated damages are the sole remedy for delay?

Is it possible to claim for direct losses for delay in addition to liquidated damages where the contract does not state that liquidated damages are the sole remedy for delay? The general position is that, where parties have provided that liquidated damages (LADs or LDs) will be payable by the contractor if completion is delayed, this will be the employer’s sole remedy for such delay. In this situation, the employer will therefore not be able to seek general (ie unliquidated) damages from the courts in addition to, or instead of, claiming LADs—whether or not the parties have used express ‘sole remedy’ wording. This is illustrated particularly in cases where parties have inserted ‘nil’ or ‘N/A’ as the amount of LADs payable. For example, in Temloc v Errill Properties, the parties had inserted ‘nil’ in the contract particulars against the amount of LADs payable. The court held that the effect of this was that LADs were still the employer's sole remedy for delay damages under the contract,...

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