Time at large and reasonable time for completion

Abstract

Time is an extremely important issue in construction. Timely completion of the construction works by the contractor is of great importance to the employer. Therefore, most construction contracts specify time for performance in achieving completion of the works. However, during the execution of the contract, circumstances may arise which render that completion date unenforceable. At common law, the contractor’s obligation to complete the works by the specified date is removed if the employer delays the contractor in the execution of the works. When the specified completion date no longer applies, time is said to be “at large�, and the contractor’s obligation is merely to complete the works within a reasonable time. What does it mean by reasonable time? It is most certainly not “as and when the contractor sees fit�. The study is aimed at determining the meaning of “reasonable time� when time is at large. Findings of this study will assist contractors to assess a reasonable time to complete the works when time at large occurs. The approach adopted in this research is case law based. There are no limitations as for the court cases referred to in this study in terms of type of projects as long as the case is related to reasonable time. A total of ten cases centered on what is a reasonable time were studied. Through the analysis of courts’ judgments, the meaning of “reasonable time� when time at large occurs was determined. “Reasonable time� means reasonable under the existing circumstances, assuming that those circumstances, in so far as they involve delay, are not caused or attributed to by him and excluding circumstances which were under the control of the contractor, considering what in ordinary circumstances was a reasonable time for performance and then considering to what extent the time for performance of the contractor was in fact extended by extraordinary circumstances outside his control.