Construction Law: Time at large, concept of time, zafar

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Construction Law/ Time at large

Expert: Alina Valentina Oprea - 7/9/2010
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Question Dear, 1. Please explain me the basic concept of "Time at large"? 2. Secondly, if the contractual time of completion or Time of completion after giving Extension of time has passed. Also maximum Liquidated Damages has been levied. Than what to do, if Employer donot want to terminate the contractor as work left is less? Answer Dear Zafar, Here are the answer to your questions, sent previously, as well.

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Alina Valentina Oprea

Expertise
I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to procurement process, except to some (limited) extent.

1. Time at large concept deals with waiving the obligation of the Contractor to comply with the Time for Completion when the

Employer prevented the Contractor to finalize the works within the Time for Completion. It was used first in the Common Law area, when the mechanism of contract did not allow for extension of time when the Employer did not fulfill its obligations. Time at large allows the Contractor to finalize the works within reasonable time, instead within the Time for Completion time, when the actions or inactions of the Employer prevented the Contractor to finalize in time the works. For example, if the Employer did not grant the access to the site at the time foreseen in the contract, but later, and the works were delayed because of this, and in the contract there is no mechanism which allows the Contractor to obtain extension of time for completion because of this late possession of site, then the time for completion, in case the Contractor demonstrates the incurred delay and that no mechanism for granting extension of time because of the Employers failure, becomes time at large, and the Contractor is allowed to finalize the works within a reasonable time. 2. So, what to do when the works are not finalized, the time for completion has passed and the maximum amount of Liquidated Damages has been levied Many Employers ask themselves this question, when they do not want to terminate the Contract, especially when there is not much works to be done. The answer is in the negotiating abilities of the Employer and Engineer mainly, and in the wisdom of the Contractor, all of them being interested in keeping their good name and reputation by finalizing a good piece of work. Another method, which could be complementary to the first one, could be to find the actual reason of not finalizing the works by the Contractor could be claims not resolved, lack of resources or financial means from the Contractor. Discussions between the Parties, with the help of a mediator or other neutral person, or even with the help of the Engineer if the Parties do not have bad feelings against him could lead to agreed solutions to finalize the works in agreed conditions. Best regards, Alina

Experience
implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; dispute boards Publications see http://alina.oprea.v.googlepag es.com/publications ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter Education/Credentials Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owens pupilage scheme for arbitrators/adjudicators under

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http://en.allexperts.com/q/Construction-Law-914/2010/7/Time-large-5.htm

3/16/2011

Construction Law: Time at large, concept of time, zafar

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http://en.allexperts.com/q/Construction-Law-914/2010/7/Time-large-5.htm

3/16/2011