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A mechanism by which a contractor requests a longer period than had been contractually agreed in order to complete the building works.
A contractor will usually make a request for an extension of time and give reasons for it. An extension of time is usually only given if the contractor proves that the delay to the completion date is not down to his action or inaction. Common reasons for an extension of time would include adverse weather, variations to the works from the employer or difficulties encountered on site. If an extension of time is not granted and the contractor does not meet a contractually agreed completion date he may be exposed to a claim for liquidated damages.
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Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
Key steps for compliance with Construction Pre-Action Protocol—checklist This Checklist sets out the requirements and key steps in order to ensure compliance by a claimant or defendant with the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol), which parties to a dispute should comply with before commencing proceedings in the Technology and Construction Court (TCC). Does the Protocol apply? The parties should first confirm that the Protocol applies to their dispute—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives. Under the Protocol, a claimant can opt out of complying with the pre-action process if all the parties to the proposed proceedings agree in writing. What does the claimant need to do to comply? • Send a copy of the letter of claim to all proposed defendants, containing: ◦ the claimant's full name and address ◦ the full name and address of each proposed defendant ◦ a brief summary of the claim(s) (this should be proportionate to the claim(s)) ◦ a list of the principal contractual...
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Extension of time claim process in JCT SBC 2011—flowchart
Extension of time claim process in JCT Design
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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,...
Construction contracts commonly provide that, if a party wishes to bring a claim under the contract, it must follow a prescribed procedure. This often requires the claiming party to give a particular notice, sometimes followed by a further notice and/or more detailed information, to the other party and/or contract administrator, which may have to be in a particular format and meet specific requirements as to content. Often, these notice provisions also contain what is commonly referred to as a ‘time bar’ provision, meaning that the claiming party must give the notice(s) within a specified period of time.If the time bar is a condition precedent, then a failure to comply with the provisions of the contract will mean that the claiming party loses its entitlement to bring the claim, no matter how strong its claim would otherwise have been. The use of such time bar clauses has become increasingly common and they now appear in some of the standard form contracts (see Conditions precedent in standard form contracts below).Most commonly, condition...
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Letter responding to request for consent to relief from sanctions [insert name and address of claimant or defendant or claimant's or defendant’s legal representative] [insert date] Dear [insert organisation name] [Claimant v Defendant—Case number] Thank you for your letter of [insert date] requesting that our client consents to an application for relief from sanctions [set out details of the requested relief from sanctions]. [ [We have considered your request but confirm that we are unable to agree to it. [Set out reasons for refusing request] OR [Set out reasons why the requested extension is too long, and make proposal for a shorter extension]] OR We have considered your request and are
Rights of data subjects—list of precedents The following Precedents relating to the rights of data subjects under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) are available: General • Precedent: Response to data subject request—all rights—requesting identity information or confirming authority • Precedent: Response to data subject request—all rights—charging a fee or extension of time to respond Right of access • Precedent: Policy—data subject access requests • Precedent: Data subject access request form • Precedent: Response to data subject request—right of access—seeking clarification • Precedent: Response to data subject request—right of access—able to comply with request • Precedent: Response to data subject request—right of access—unable to comply with request Rectification • Precedent: Data rectification request form • Precedent: Response to data subject request—right of rectification • Precedent: Notice to third party—data subject request for rectification, erasure or restriction of processing of data Restriction on processing • Precedent: Restriction of data processing request form • Precedent: Letter to data subject—establishing temporary restriction on...
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Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard? The response of the courts to the coronavirus (COVID-19) pandemic has been patchy and confused. The position changes from day-to-day as to whether hearings should go ahead, whether they should be in person, and whether non-urgent cases should simply be adjourned or conducted remotely. At the time of writing the guidance suggests that where cases can be heard remotely, they will be—see: Coronavirus (COVID-19)-Civil and Family Courts guidance from Lord Chief Justice—LNB News 19/03/2020 93, and Coronavirus (COVID-19)—Guidance on telephone and video hearings updated—LNB News 19/03/2020 18, but the ability of the various court buildings to provide for this is highly questionable. In ongoing litigation there will be circumstances where a hearing is required within a particular time—for example an application to adduce expert evidence will be required to be heard before the trial....
What is the key legislation concerning protection of nesting birds and their hibernation? Certain species of animals (including wild birds) are protected at European and national levels from being harmed or disturbed. Similarly, many areas/habitats with distinctive animals (including certain birds) are protected at the international, European and national level. Some of the applicable regulatory regimes are set out below. For more information on species and habitats protection generally, see: Protected areas and species—overview. Domestic Legislation Wild birds are specifically protected by the Wildlife and Countryside Act 1981 (WCA 1981). There are a range of offences provided for within WCA 1981, including it being an offence (subject to specific exceptions) to: • intentionally to kill, injure or take any wild bird • take, damage or destroy the nest of a specified wild bird • take, damage or destroy the nest of any wild bird while the nest is in use or being built • take or destroy an egg of any wild bird • have in one's possession or control...
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Arbitration analysis: The case concerned Seamus Andrew’s application for permission to appeal findings made against him in the High Court severely criticising his conduct. The Court of Appeal refused his application, holding that it was out of time and that permission should have been sought at first instance. The court also found that even if permission had been granted, the appeal would have been dismissed. The case re-states legal practitioner’s obligations in respect of privileged documents, while addressing legal professional ethics more broadly. It also considers the risks inherent in satellite litigation arising from section 68(4) orders and provides insight into appropriate appellate procedure. Written by Tope Adeyemi, barrister and Arbitrator at 33 Bedford Row Chambers.
Tax analysis: In BGC Services Holdings LLP v HMRC, the First-tier Tribunal (FTT) refused HMRC permission to appeal to the Upper Tribunal (UT) against two case management decisions (i) refusing HMRC’s request for further and better particulars from the taxpayer, and (ii) requiring HMRC to particularise in its statement of case how salaried members rules conditions were met for which partners, how the determinations of over £96m were calculated, and the basis for alleging deliberate or careless behaviour on the part of the taxpayer. HMRC now has the right to appeal directly to the UT for permission to appeal the decisions.
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