Image from Google Jackets

Extensions of time - notice of condition precedent to entitlement

By: Contributor(s): Series: Civil Engineering Surveyor ; December/January 2003, 18(1)Publication details: 2003Subject(s): Summary: 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.

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.