Extensions of time - notice of condition precedent to entitlement
Winter, J.
Extensions of time - notice of condition precedent to entitlement - 2003 - Civil Engineering Surveyor December/January 2003, 18(1) .
Considers the benefits of making a condition precedent of extensions of time and the problems associated with it. Looks at two Australian cases "Gaymark Investments Pty Ltd v Walter Construction Group Pty Ltd (1999) and "Abigroup Pty Ltd v Peninsula Balmain Pty Ltd" (2002) where the contractor was able to rely on the prevention principle and the latter where the contractor should have been allowed an extension of time. The UK standard forms, JCT and ICE, do not make notice a condition precedent to an extension of time, whereas FIDIC's "Conditions of contract for EPC/turnkey contracts" (known as the Silver book) cl20.1 insists on a notice of a claim if an extension of time is required by the contractor. View "Gaymark Investments Pty Ltd v Walter Construction Group Pty Ltd" judgment at www.nt.gov.au/ntsc.
EXTENSIONS OF TIME
CONDITION PRECEDENTS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS CONTRACTS
JCT STANDARD FORMS OF BUILDING CONTRACT
ICE FORMS
GAYMARK INVESTMENTS PTY LTD V WALTER CONSTRUCTION GROUP PTY LTD
ABIGROUP CONTRACTORS PTY LTD V PENINSULAR BALMAIN PTY LTD
Extensions of time - notice of condition precedent to entitlement - 2003 - Civil Engineering Surveyor December/January 2003, 18(1) .
Considers the benefits of making a condition precedent of extensions of time and the problems associated with it. Looks at two Australian cases "Gaymark Investments Pty Ltd v Walter Construction Group Pty Ltd (1999) and "Abigroup Pty Ltd v Peninsula Balmain Pty Ltd" (2002) where the contractor was able to rely on the prevention principle and the latter where the contractor should have been allowed an extension of time. The UK standard forms, JCT and ICE, do not make notice a condition precedent to an extension of time, whereas FIDIC's "Conditions of contract for EPC/turnkey contracts" (known as the Silver book) cl20.1 insists on a notice of a claim if an extension of time is required by the contractor. View "Gaymark Investments Pty Ltd v Walter Construction Group Pty Ltd" judgment at www.nt.gov.au/ntsc.
EXTENSIONS OF TIME
CONDITION PRECEDENTS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS CONTRACTS
JCT STANDARD FORMS OF BUILDING CONTRACT
ICE FORMS
GAYMARK INVESTMENTS PTY LTD V WALTER CONSTRUCTION GROUP PTY LTD
ABIGROUP CONTRACTORS PTY LTD V PENINSULAR BALMAIN PTY LTD