Not anymore, now retired but dealt with contractors cost and extension of time claims over 40 years and whilst sometimes extension of times have been given sometimes they have not. As I previously stated its all down to the circumstances and a variance is not an automatic right to an extension or invalidates the agreed completion date. I don't have any Conditions of Contract to hand whether it be JCT, ICE, Mech Eng, etc, but if you are able to locate ones checkout the specific clause that will be titled something like Extension of Time and see what it says.
I have had a quick Google and picked up the following re EoT , its a bit of a read but would illustrate where I am coming from and give you food for thought perhaps. Para 10 gives the scenario if there isn't an EoT mechanism included within the contract and you will note that even then the contract must be completed in a reasonable time and doesn't become open ended What is a reasonable time is another storeywhich no doubt the lawyers could have a field day with. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
When it becomes reasonably apparent that there is, or that there is likely to be, a
delay that could merit an
extension of time, the
contractor gives written
notice to the
contract administrator identifying the
relevant event that has caused the
delay.
If the
contract administrator accepts that the
delay was caused by a
relevant event, then they may grant an
extension of time and the
completion date is adjusted.
Relevant events may include:
The
contractor is required to prevent or mitigate the
delay and any resulting loss, even where the fault is not their own.
Assessing
claims for an
extension of time can be complicated and controversial. There may be multiple or
concurrent delays, some of which are the
contractor's fault and some not. There are many occasions where
contractors contribute to
delay themselves by their
performance during
design periods, when producing
drawings,
mock ups and
samples or in inter-facing with
sub-contractors.
Crucial in assessing applications for
extension of time is the
quality of the information provided and records available.
Claims should be judged against the actual progress of the
works, not the
programme, and must demonstrate the link between the
breach (cause) and the
delay.
The
contract administrator may
review extensions of time after
practical completion and further adjust the
completion date.
Mechanisms allowing
extensions of time are not simply for the
contractor's benefit. If there was no such mechanism and a
delay occurred which was not the
contractor’s fault, then the
contractor would no longer be required to complete the
works by the
completion date and would only then have to complete the
works in a 'reasonable' time. The
client would lose any right to
liquidated damages.
Claims for
extension of time can run alongside
claims for
loss and expense (relevant matters) however, one need not necessarily lead to the other.
It is very important when deducting
liquidated damages to ensure that the correct contractual procedures are adhered to. In the case of
Octoesse LLP v Trak Special Projects Ltd [2016], Justice Jefford held that Octoesse was not entitled to deduct
liquidated damages as they had agreed to an
extension of time after a
certificate of non completion had been issued. The
JCT Intermediate Building Contract is constructed such that:
'If the
Contractor fails to complete the
Works or a
Section by the relevant
Completion Date, the
Architect/
Contract administrator shall issue a certificate to that effect. If an
extension of time is made after the issue of such certificate, the extension shall cancel that certificate and the
Architect/
Contract Administrator shall where necessary issue a further certificate
