ABSTRACT
The standard forms of contract set out a number of possible contingencies, the risk of which is to be borne not by the contractor but by the employer. For example, the JCT form, under clause 25, details relevant events which are beyond the control of the contractor. If the occurrence of any of those contingencies occur so as to cause the works to take longer to complete then, because those contingencies are not at the contractor’s risk, that much more time must be added to the contract period. Without provisions for more time to be granted, for example for the effect on the contract period for late issue of information, time would become at large. This means that the contractor would have to complete not within the contract period but within a reasonable time, whatever that was determined to be. Furthermore, the employer would not be able to recover liquidated damages for any overrun of the contract period. This is why there are provisions for time to be extended in the event that the contract period is adversely affected by those risks that are borne by the employer.
