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Extension of Time and Delay Analysis - Essay Example

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The essay "Extension of Time and Delay Analysis" aims to analyze the laws which regulate relations between contractor and employer. The researcher determines what are delay damages, how do they affect the contractor and employer and how they should be interpreted in Law…
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Extension of Time and Delay Analysis
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"Extension of Time and Delay Analysis"

Download file to see previous pages In the event of any extension of time, there are certain factors which have to be viewed before any claims for liquidated damages could be made. If no specific date for the completion of the project was set in the contract, it is known as “time at large”, and in such cases the Director of Budget and Fiscal Services specifies a realistic time period for the completion of the project in lieu of the current conditions. If dela i made, the contractor can argue against any charges as no deadline was set in the first place. If a specific date was set, then the obligations of the employer and the contractor have to be taken into account. It is the obligation of the employer to make a timely provision of any services and goods that have been specified in the express terms of the contract. If h fails and there is a delay, he is not eligible to make any deductions as liquidated damages. If the delay is due to any hindrance posed by the employer in the proper execution of the contract by the contractor, such as interruptions made by any sub-contractors hired directly by the employer, the employer loses his right for any liquidated damages. The obligations of a contractor are to finish the project within the deadline, with “efficiency and diligence”.
This means that the contractor has to work continuously and in accordance with the approved plan towards the deadline. If he fails to do so, and there is a delay, the employer will be compensated through liquidated damages.
...
If he

fails to do so, and there is a delay, the employer will be compensated through

liquidated damages. However, if the employer has been pressing for unrealistic

acceleration, the contractor has a right to file a case against the employer on this

ground, and the employer might lose his right toward the damages. If the

contractor, due to any reason, refrains from exercising his right, he is denied any

compensation and the employer will be eligible to carry out deduction for the

damages.

If the contract has a clause for extension of time, but it has been exhausted,

or if there is no such clause in the contract, and further extension needs to be

carried out, an approval by the Director of Budget and Fiscal Services is required

before any such steps can be taken. However, it can only be done under certain

conditions: the period of any further extensions can be no more than one hundred

and eighty calendar days; the commanding officer of the contract assigned by the

Director draws a written statement that any new contracts cannot be allocated at

the time of the completion of the pertinent contract, due to reasons such as short-

term need of the service, and limitation of the execution of the contract at he

time of the completion of the current contract; there is an general consensus by

all the concerned parties regarding the extension in time of the contract; and the

price of the extended contract is the same as the original contract, or as changed

in the contract before ...Download file to see next pagesRead More
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