ABSTRACT
The basic idea of the extension of time and liquidated damages clauses in JCT 98, IFC 98, MW 98 and WCD 98 is very simple and straightforward. The courts have emphasised that a claim for loss and/or expense does not depend on a prior grant of extension of time. Under MW 98 failure by the employer to give possession to the contractor on the date stated in the contract is a serious breach for which the contractor may be able to claim substantial damages. Under the standard building contracts, to make a claim implies that a contractor considers that he is due an extra payment quite apart from the ordinary system of valuing work done. There are three kinds of claim: contractual, common law and ex gratia. Contractual claims are those claims which are made under the express provisions of the particular contract in use. Common law claims arise outside the express provisions of the contract.
