ABSTRACT

There are two paramount dates in any building contract: the date for possession or commencement and the date for completion of the work. This chapter presents several legal cases to highlight specific points concerning MW16 in a contract. The Canadian case, The Queen in Rights of Canada v Walter Cabbott Construction Ltd, is presented to show that the contractor must be given access not just to the building where the work is to be carried out, but also to other areas in the control of the client. Another issue deals with the progress of the work. Glenlion Construction Ltd v The Guinness Trust is highlighted to show that just because a contractor’s programme shows an intention to complete early, there is no implied duty on the employer to enable the contractor to achieve this early completion.