ABSTRACT

Several clauses in the Institution of Civil Engineers Conditions of Contract are of relevance and importance in respect of the time factor in the construction of civil engineering projects. These include: commencement time and delays, liquidated damages for delay, certificate of substantial completion, outstanding work and defects and frustration. The time specified for completion of the works is stated in clause 48 and in the Appendix to the form of tender. Completion is usually interpreted as substantially complete, which implies fit for the use intended by the employer. In the first instance it is usual for the engineer to award an interim extension of time that will be either confirmed or refuted at a later date. Once an extension of time has been agreed by the engineer it cannot be decreased unless the circumstances change.