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CHAPTER 13

Page 351

Time at large and time-bar clauses

Time at large

The concept of “time at large” is based upon the “prevention principle” and arises when the contractor is delayed in completion due to some act of the employer, which “prevents” timely completion. In order to avoid the prevention principle from applying many construction contracts and subcontracts include provisions for extension of time. In Peak Construction v McKinney Foundations,1 it was held that the extension of time provisions did not cover causes of delay that were the employer’s own fault. Lord Justice Salmon wrote:

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