chapter  13
TIME AT LARGE AND TIME-BAR CLAUSES
Pages 18

The concept of “time at large” is based upon the “prevention principle” and arises when the contractor is delayed in completion due to some act of the employer, which “prevents” timely completion. In order to avoid the prevention principle from applying many construction contracts and sub-contracts include provisions for extension of time. In Peak Construction v McKinney Foundations,674 it was held that the extension of time provisions did not cover causes of delay that were the employer’s own fault. Lord Justice Salmon wrote:

“I cannot see how, in the ordinary course, the employer can insist upon compliance with a condition if it is partly its own fault that it cannot be fulfi lled.”