Assessing the likelihood of ‘time at large’ claims
The argument of ‘time is set at large’ claimed by Contractors / Builders in construction time-related disputes is very tempting as it may lead to a common law ‘quantum meruit’ type of claim, where the claimant is entitled to compensation "as much as he deserved" i.e. costs plus. Our clients keep asking us: “What is the likelihood of our ‘time at large’ claim to be successful?”
To assess such a question, we must understand a range of factors that influence the net likelihood.
There is no completion date agreed in the Contract with no extension mechanisms
Completion date was clearly agreed but with no contractual mechanisms for extension due to ‘excusable’ causes of delays
There is no clear completion date but there are contractual mechanisms for extension.
There is clear completion date and contractual mechanisms for extension but the Superintendent / Principal Representative did not exercise them i.e. failed to properly administer the Contract.
There is clear completion date, there are extension mechanisms, the Superintendent / Principal Representative reasonably exercised its powers but the builder does not like the result
To learn more about strategies from claiming ‘time at large’ and for other professional, non-legalistic programming and delay analysis advice, please get in contact with the Greenwich Planning team.