Time at Large
What do you do when your project has no fixed time or date for
completion?
“Time at large” describes a situation where no time or
date for completion (of a construction project) is fixed.
It is a term often used in the situation where liquidated
damages are in dispute.
Where no time or date for completion is fixed the
contractor’s obligation is to complete the works within
a “reasonable time” under the circumstances. As
you can imagine in this situation what constitutes
“reasonable time” is also likely to be a matter in
dispute.
Time may be made at large in situations where:
(a) No time or date is fixed by the terms of
the contract by which the works must be
completed.
(b) The time for performance has been fixed under
the contract, but has ceased to apply either by
agreement or by an act of prevention (including
instructed additional work) or breach of contract
by the principal with no corresponding entitlement
to an extension of time.
(c) The failure to properly operate the extension
of time procedures in the contract or the
inoperability of the specified extension of time
procedures.
(d) The principal has waived the obligation to
complete by the specified time or date.
(e) Where the contractual completion provisions in
the contract are inherently defective.
Measures to minimise or avoid the likelihood of
a dispute involving “time at large” fall into two
categories:
1. Prior to award
(a) Careful drafting of the terms of the contract,
particularly as they relate to fixing the time or
date for completion; identifying the causes of
delay giving rise to extensions of time including
acts of prevention by or on behalf of the principal;
procedures for extensions of time entitlements;
and liquidated damages.
(b) Particular attention to include a provision
allowing for the granting of unilateral extension
of time for the benefit of the principal.
2. Contract administration
(a) Careful administration of the contract and
assessment of extension of time claims,
particularly where they relate to actions or
omissions of the principal or its agents.
(b) Consideration of exercising unilateral power
to grant an extension of time in circumstances
where the principal acknowledges causing a
delay but a complying claim may not have been
submitted.
Continued over page
Time at Large cont
With respect to measure 1(b) above AS 4300-1995; If it was to be found that under the circumstances an
AS 2124-1992 and AS 4000-1997 Conditions of extension of time for the benefit of the principal should
Contract, clause 35.5 provides in part: have been granted, but in fact was not, then this may
result in the principal’s entitlement to deduct liquidated
“Notwithstanding that the Contractor is not
damages being reduced, if not extinguished, and that
entitled to or has not claimed an extension of
time was “at large”.
time, the Superintendent may at any time and
from time to time before the issue of the Final As can been seen from the above, because of the
Certificate by notice in writing to the Contractor uncertainty surrounding what is “a reasonable time to
extend the time for practical completion for any complete”, the principal needs to be careful that they
reason.” have administered the contract properly in regards to
assessment of extension of time claims in order to
while GC 21 (Edition 1) General Conditions of Contract
ensure that time does not become at large and they
(used by the New South Wales Government), clause
preserve their ability to apply liquidated damages.
54.6, provides:
If you think your organisation would benefit from
“The Principal may in its absolute discretion
Hinds Blunden presenting a talk which deals with the
for the benefit of the Principal extend the time
fundamentals of reasonable time and what to do when
for Completion at any time and for any reason,
you have no fixed date for completion please contact
whether or not the Contractor has claimed an
Mark Griffith (Sydney), David Watson (Melbourne) or
extension of time. The Contractor is not entitled
Chris Stitt (Brisbane).
to an extension of time for Completion under this
clause 54.6 unless the Principal exercises its
discretion to extend the time for Completion”.

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