Delay / Disruption
Frequently Asked Questions

© Daniel Atkinson 2001 21 October 2001

 

Obligations as to Time
Programme
Completion
Rights on Delay
Rights to EOT
Evaluation of EOT
Delay Loss
Liquidated Damages
RTN MAIN FAQ

 

A. OBLIGATIONS AS TO TIME
  1. What are the Purchaser’s Obligations as to Time?
  2. What are the Contractor’s Obligations as to Time?

 

B. THE PROGRAMME OF WORKS
  1. What Are The Types of Programme Used in Projects?
  2. What Are the Roles of Programmes in Projects?
  3. What is the Monitor Role of Programmes?
  4. What is the Dynamic Role of Programmes?
  5. What are the Contracting Parties Obligations as to the Programme of Works?
  6. How do Standard Forms of Contract use Programmes?

 

C. COMPLETION OF THE WORKS
  1. What Does "Time at Large" Mean?
  2. When is the Works Considered Completed?

 

D. RIGHTS ON DELAYED PROGRESS OR LATE COMPLETION
  1. When Should the Contractor Accelerate?
  2. Is the Contractor Entitled to Accelerate if No Proper Extension of Time is Granted?
  3. Is the Contractor Required to Reduce the Effect of Qualifying Delays?
  4. Can the Employer Order the Contractor to Work to a Revised Programme?
  5. If Progress is Slow Can the Employer Determine the Employment of the Contractor?
  6. What Rights and Remedies do the Parties have if the Contractor Completes Late?

 

E. RIGHTS TO EXTENSION OF TIME
  1. Has the Contractor a Right to Extension of Time if the Delay Event Occurs After the Date for Completion?
  2. If the Contractor Fails to Give Notice of a Qualifying Event at the Right Time, Does he Have a Right to an Extension of Time for that Event?
  3. If the Contractor Fails to Give Details of a Qualifying Event at the Right Time, Does this Affect His Right to an Extension of Time for that Event?
  4. How Quickly after the Event is the Contractor Required to be Given an Extension of Time?

 

F. EVALUATION OF EXTENSIONS OF TIME
  1. Can the Extension of Time Already Given be Reduced by a Later Assessment?
  2. How Does One Establish that an Event Caused Delay to Completion?
  3. Who Has the Benefit of Float?
  4. What is the Contractor’s Entitlement to Extension of Time If Two Events Contribute to Delay to Completion and Only One is at the Risk of the Employer?

 

G. EVALUATION OF CONTRACTORS COMPENSATION FOR DELAY
  1. Is the Contractor Entitled to All his Loss Caused by a Qualifying Delay Event?
  2. How is Loss Due to Disruption Evaluated?
  3. Is the Contractor Entitled to Compensation for Loss due to Delay, Even if he Completes on Time?
  4. How is the Loss of Contribution to Head Office Overheads Evaluated?

 

H. LIQUIDATED DAMAGES
  1. What Are Liquidated Damages Clauses?
  2. What Are the Types of Liquidated Damages Clauses?
  3. Will the Courts Enforce Liquidated Damages Clauses?
  4. What Are the Rules on Penalty Clauses?
  5. How Have the Penalty Rules Been Applied?
  6. Can the Employer Lose the Right to Liquidated Damages?
  7. If the Employer Causes Delay, Does He Lose the Right to Liquidated Damages?
  8. Does the LD Clause Limit the Remedies Available to the Employer?
  9. If the Right to Liquidated Damages is Lost, Does the Amount Act as a Limit to General Damages?