Delay and Disruption in Construction Contracts
| Delay and Disruption in Construction Contracts, 6th Edition, (c) 2025 |
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CHAPTER 7
Extensions of time and time at large
Introduction
7–001 The purpose of an extension of time to complete is to excuse C from what would otherwise be its liability for liquidated damages during the extended contract period. A delay to progress, or a likelihood of delay to progress is not the same as a delay, or a likelihood of delay there, to completion. It is unfortunate that the words are easily connected and, in using them in the same clauses of contracts, the draftsmen have caused much confusion.1 A delay to progress is an adverse shift in the intended timing of the start and/or finish of a discrete activity; it can occur at any time. Any question as to whether the activity concerned is part of a CPM network, or is on a critical path is irrelevant as to whether the start and/or finish of the activity has been caused to occur on a date different from that upon which it was intended to occur. On the other hand, a delay