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PRACTICE NOTES
This Practice Note looks at the circumstances in which parties may agree to extend or vary a time limit set out in the Civil Procedure Rules (CPR), practice directions or court order. It deals with when the parties are able to agree an extension of time under CPR 2.11 or CPR 3.8(4), and when the parties will be required to apply to the court for an extension of time. It considers the court's approach to granting extensions of time, including in relation to unless orders, and explains the difference in approach depending on whether the application for an extension of time is made before or after the time for compliance has passed. It also provides information on responding to a request for an extension of time or responding to an application to court for an extension of time. This Practice Note does not deal with extensions of time in the context of service of the claim form, service of the particulars of claim and service of evidence in claims under CPR 8. For information on extending
GLOSSARY
A mechanism by which a contractor requests a longer period than had been contractually agreed in order to complete the building works.
FLOWCHARTS
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NEWS
Employment analysis: The claimant had a good excuse for his late appeal in circumstances where the email that he sent attaching his Notice of Appeal did not arrive at the Employment Appeal Tribunal (EAT) for technical reasons which may have been to do with his internet service provider. In the absence of a ‘bounce back’ email it was reasonable to assume that a properly sent email would arrive at its destination in seconds. Even though the claimant had no excuse for leaving things until the last hour on the last day to submit an appeal, this did not make any practical difference in this case as if the same thing had happened say a week ago the claimant would still not have known about it until after time had expired, according to the EAT.
PRECEDENTS
NOTICE OF EXTENSION Landlord: [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at OR [address] Tenant:
GLOSSARY
Construction contracts generally provide for the date for completion to be extended where there is a delay that is not the contractor's fault (so that time does not become 'at large'). This is known as an extension of time or EOT. Usually the contractor will need to comply with a claim process set out in the contract in order to claim the extension.
PRACTICE NOTES
This Practice Note examines the circumstances in which a construction contract might entitle a contractor to claim additional time in which to complete the works (known as an 'extension of time' or 'EOT'), and the importance of contractual procedures in this regard. A construction contract will, ordinarily, specify the date by which practical completion of the works must be achieved (see Practice Note: What is practical completion?). This is typically referred to as the 'completion date' (or something similar). However, during the course of a construction project, it is common for events to occur which delay (or threaten to delay) the progress of the works, affecting the critical path (see Q&A: What is the critical path?) and having an impact on the contractor’s ability to complete the works by the completion date. These are often referred to as 'delay events'. An extension of time allows the contractor to complete its works within a set period after the original contractual completion date, without becoming liable to pay the employer liquidated damages (or, where there is no provision