PART 4, SECTION 5

PART FOUR: CONSTRUCTION ADMINISTRATION AND MANAGEMENT

SECTION 5: EXTENSION OF TIME
Introduction
There are probably more disputes about extension of time and consequential cost issues than any other disputes under construction contracts. It is therefore imperative that extension of time issues are dealt with in a proper manner by the contract administrator. The majority of standard form construction contracts enable the contract administrator to grant extensions of time for completion of the work where delay occurs due to certain specified causes. Such provision is of benefit to both parties to the contract. The contractor will benefit because the effect of the provision, if operated, will be to reduce or avoid liability to pay liquidated or unliquidated damages in the event of the delay in question. However, the primary benefit is to the employer. This is because the absence of extension of time provisions can have the effect of preventing the employers entitlement to liquidated damages in cases where the delay, or even a small part of it, is due to some prevention or default of the employer or his or her agents, or any other matter for which the employer would be responsible. Therefore the primary purpose of extension of time is to preserve the effectiveness of the liquidated damages provisions for the benefit of the employer. Standard forms and bespoke construction contracts contain extension of time clauses setting out the criteria under which extensions of time will be awarded. This includes: the provisions for the timing and content of delay notices by the contractor; the parameters that a contract administrator needs to work within to assess a contractors entitlement to an extension of time; the administrative procedure to be adopted in awarding an extension of time; the events that entitle a contractor to an extension of time. However, most forms of construction contracts do not include practical guidance on how a contract administrator should carry out an assessment of an extension of time entitlement. Instead, practitioners have to look at guidance
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provided by case law as well as good practice as defined by legal commentators. This section of the handbook provides guidance to surveyors who are required to carry out assessments of extension of time entitlement under a construction contract by virtue of appointment under the contract as contract administrator. It is also for surveyors who are asked to advise either party to a construction contract on extension of time issues.

4.5.1 Extension of Time Clauses

There are several forms of construction contract and each form will have its own procedure for dealing with extension of time. Whilst the principles to be adopted may be similar, the exact procedure and events that entitle a contractor to an extension of time may well be different depending on the form or edition of contract adopted or indeed the amendments made thereto. The practitioner should therefore always be primarily guided by the words contained in the relevant contract.

4.5.2 Assumptions
This section has been prepared from the standpoint of the surveyor who has to assess extension of time entitlement under a construction contract by virtue of appointment under the contract as contract administrator. 4.5.2.1 JCT FORMS OF CONTRACTS This section introduces the principles of an extension of time. For illustrative purposes, it is based on the JCT Standard Form of Building Contract With Quantities 1998 (JCT 1998 With Quantities). It is recognized that there are other forms of contract being used. However, the principles set out here will remain valid. Extension of time procedures for different contract terms are briefly noted later (see 4.5.11 and 4.5.12). 4.5.2.2 DEFINITIONS Contract administrator This refers to the person undertaking the functions of the architect on behalf of the employer under a JCT 1998 With Quantities contract. Employer Contractor The client as used in a JCT 1998 With Quantities contract. In JCT 1998 With Quantities the contractor is assumed to be a main contractor who may be asked to employ nominated sub-contractors or request permission to sub-contract portions of work to domestic sub-contractors.
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4.5.3 Extension of Time Under a JCT Contract

JCT 1998 With Quantities contains the provision for the contract administrator to award an extension of time at clause 25. Clause 25.2.1.1 provides that: If and whenever it becomes reasonably apparent that the progress of the Works is being or is likely to be delayed the Contractor shall forthwith give written notice to the [contract administrator] of the material circumstances including the cause or causes of the delay and identify in such notice any event which in his opinion is a Relevant Event. Clause 25.2.2 provides that: In respect of each and every Relevant Event identified in the notice given ... the Contractor shall, if practicable in such notice, or otherwise in writing as soon as is possible after such notice: (25.2.2.1) give particulars of the expected effects thereof; and (25.2.2.2) estimate the extent, if any, of the expected delay in the completion of the Works beyond the Completion Date resulting therefrom whether or not concurrently with delay resulting from any other Relevant Event... Clause 25.3.1 provides that: If, in the opinion of the [contract administrator], upon receipt of any notice, particulars or estimate ... (25.3.1.1) any of the events which are stated by the Contractor to be the cause of the delay is a Relevant Event and (25.3.1.2) the completion of the Works is likely to be delayed thereby beyond the Completion Date the [contract administrator] shall in writing to the Contractor give an extension of time by fixing such later date as the Completion date as he then estimates to be fair and reasonable. The contract administrator is required to state which relevant events he or she has taken into account and fix a new completion date within 12 weeks. This should not be later than the completion date that applies at that time, from receipt of the notice and of reasonably sufficient particulars or estimates. The contract administrator, by virtue of clause 25.3.3, also has the power to carry out a final review of the completion date not later than 12 weeks after the date of practical completion. This can result in the fixing of an earlier or later completion date than previously set under clause 25.3.1. (It should be noted that the contract administrator cannot set a completion date earlier than that stated in the appendix.) This final review is not subject to receipt of a notice or particulars and estimate from the contractor. Clause 25.3.4 provides the award of an extension of time is always dependant on the contractor using constantly his best endeavours to prevent delay in the progress of the Works, howsoever caused, and to prevent the completion of the Works being delayed or further delayed beyond the Completion Date.

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Clause 25.4 includes reference to relevant events. Each of these relevant events entitles the contract administrator to award an extension of time in the event, and to the extent, that they cause a delay. Whilst all relevant events may give rise to entitlement to an extension of time, not all of them entitle the contractor to be reimbursed for any loss and expense arising therefrom. (In any event it should be noted that JCT 1998 With Quantities contains separate provisions under clause 26 in dealing with the financial effect of delay to the Works. It specifically deals with the separate notice provisions required and a list of matters that may entitle the contractor to be reimbursed for any loss and expense incurred arising from the Works being delayed.) Whilst it is convenient to categorize relevant events which are not also set out in the list of matters under clause 26 as neutral events and those which are also set out under clause 26 as employer risk events, it should be emphasized that clause 25 does not provide for financial adjustment of the contract sum. If the contractor wishes to claim loss and expense arising from delay to the Works, he or she is required to make the necessary applications under clause 26.1. The granting of an extension of time under clause 25 is not a condition precedent to a right to direct loss and expense under clause 26.11.

4.5.4 Notice by the Contractor of Delay to Progress

To receive entitlement to an extension of time during the contract period and before practical completion, the contractor is required to give notice forthwith where the progress of the Works is being or is likely to be delayed. The contractor must give written particulars of the expected effects of the relevant events delaying the Works, estimate the expected delay and keep the particulars and estimates up to date. It is implicit that the contractor should provide information that the contract administrator reasonably requires in order to assist the contract administrator in his or her duty in relation to extensions of time. Whilst the contractor is required to give notice forthwith, the courts have held that such notice (in relation to the JCT 1963 form) was not a condition precedent to the performance of the contract administrators duties in respect of giving an extension of time2. Whilst this was in relation to an earlier form of contract, case law further indicates that for something to be a condition precedent a time for compliance must be given and the consequence of non-compliance stated3. Therefore, whilst it may well be that if the contract administrator is unable to take steps to reduce the delay as a result of the contractor not giving notice forthwith, then the contractor should only be entitled to the extension of time that would have occurred had the notice been given. The failure to give notice forthwith does not prevent the contract administrator from awarding an extension of time during the contract period and before practical completion if notice is given later. Further, it should be stressed that, by virtue of clause 25.3.3.1, the giving of notice per se is not a condition precedent to the granting of an extension of time after practical completion.

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4.5.5 The Award of an Extension of Time during the Contract Period and Before the Completion Date
Clause 25.3.1 requires the contract administrator to give extensions of time if he or she is of the opinion that the completion of the Works is likely to be delayed beyond the completion date by one or more of the relevant events notified by the contractor. The contract administrator has 12 weeks (subject always to a cut-off point of the completion date in place at that time) from receipt of the contractors notice and reasonably sufficient particulars and estimates. Sufficient particulars and estimates are thought to be those that comply with clauses 25.2.2.1 and 25.2.2.2. Therefore it follows that, provided a contractor gives the best particulars and estimates it can in the circumstances that exist at the time of the notice, the contract administrator will not be able to delay granting an extension of time beyond the 12 weeks (or such shorter period if notice is given within 12 weeks of the completion date), on grounds that he or she cannot yet judge the effect that the cause of delay will have on the progress. Whilst the granting of an extension of time is subject to the opinion of the contract administrator, ultimately the opinion may be subject to review by an arbitrator or judge. Therefore, it important that the principles adopted by a contract administrator in assessing an extension of time entitlement are sound. When assessing an extension of time during the contract period and before practical completion, the contract administrator, by virtue of clause 25.3.1.2, can only take into account relevant events that occur before the original or previously fixed (in the event of further extension of time assessments) completion date. Relevant events that occur after the completion date are dealt with when the contract administrator reconsiders extensions of time after either the completion date or practical completion under clause 25.3.3. The contract administrator is required to award an extension of time that he or she estimates to be fair and reasonable. This reflects that the assessment of the extension of time entitlement will not be an exact science, but will have to be the result of a consideration of various factors such as: the exact terms and application of the facts of the relevant event in question; the amount of the immediate delay in the progress of the Works; the effect of any delay caused by the contractors default; the effect of concurrent causes of delay and whether one of them is an effective dominant cause; and the extent to which the contractor has used its best endeavours to prevent delay in accordance with clause 25.3.4.

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The courts have held that a contract administrator, in assessing an extension of time, should conduct a logical analysis in a methodical way of the impact which events, whether relevant events or not, were likely to have on the planned programme4. A contract administrator is required to make a calculated, rather than impressionistic, assessment of extension of time entitlement. Therefore the contract administrator, having satisfied him or herself that an event is relevant, is required to assess whether the affected activities were on the critical path or not. In assessing delay the contract administrator could consider the effect of the causes of delay as a whole by carrying out a retrospective delay analysis. This will involve assessing the effect of each individual delaying event in conjunction with other delaying events. This will inevitably involve the preparation of an as built record or programme to identify the delayed activities and a subsequent analysis of the causes of the delayed activities and assessment of whether the causes of delay are relevant events. A comment on the approach in dealing with the effect of concurrent delays and consequential entitlement is made later in this section (see 4.5.8 and 4.5.9). Further, if the contract is drafted to include sectional completion dates, the contract administrator is required to assess the effect of each delay in respect of each section and decide whether appropriate extensions of time need to be issued. There will be times where the records either do not exist or are inadequate to construct an as built record. Further, an assessment of an extension of time entitlement may have to be considered before the effects of delays are known, thereby preventing a retrospective delay analysis. In these instances the contract administrator should undertake an objective analysis of the likely or probable impact on the critical path activities based on logical analysis and not an impressionistic assessment.

4.5.6 The Award of an Extension of Time after the Completion Date

Clause 25.3.3. requires the contract administrator to reconsider any previous extension of time awards and/or deal finally with the question of extension of time within a period of 12 weeks from the date of practical completion. In reviewing the completion date, the contract administrator is required again to grant an extension of time that is fair and reasonable. The contract administrator is not limited to relevant events notified by the contractor and, in reviewing earlier extension of time awards, can fix an earlier completion date by taking into account any omissions justifying a reduction in any extension of time awards granted previously. Prior to 1993 it has been argued, in relation to the JCT 1963 form of contract, that if a variation was issued after the completion date, that is, after the date of any previous extension of time awards, the employer would be prevented from deducting liquidated damages for the period up to the date of the issue of the instruction to undertake the variation. However, it has been held that this

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principle does not apply to the JCT 1980 form and, by virtue of the same wording being adopted, its successor the JCT 1998 form. The correct position now is that if instructions for additional work are issued at a time when the contractor is in culpable delay, that is, the Works being incomplete after the latest extended completion date, the contractor is only entitled to a fair and reasonable net addition (sometimes referred to as the dot on principle) to the previously fixed completion date and not by fixing as the completion date the calendar date upon which the work would reasonably be expected to be completed having regard to the calendar date upon which the variations were instructed5.

4.5.7 Relevant Events

The relevant events have been categorized as employer risk (4.5.7.1) and neutral (4.5.7.2) events. 4.5.7.1 EMPLOYER RISK EVENTS Clauses 25.4.5.1 and 25.4.5.2: Compliance with [contract administrators] instructions under clauses 2.3, 2.4.1, 13.2 (except for a confirmed acceptance of a 13A Quotation), 13.3 (except compliance with a [contract administrators instruction for the expenditure of a provisional sum for defined work or of a provisional sum for Performance Specified Work), 13A 4.1, 23.2, [34, 35 or 366] or in regard to opening up for inspection of any work covered up or the testing of any of the work, materials or goods in accordance with clause 8.3 (including making good in consequence of such opening up or testing) unless the inspection or test showed that the work, materials or goods were not in accordance with this Contract. A contract administrator will need to examine the cause of instructions being issued in the first place (for example, was it a result of defective workmanship?) before assessing the effect of its timing and scope of work on the progress of the Works. It will also be necessary to assess whether the contractor was already in culpable delay or if there are competing causes of delay for which the contractor is responsible. Clauses 25.4.6.1 and 25.4.6.2: Where an information release schedule has been provided, failure of the [contract administrator] to comply with clause 5.4.1 [or] failure of the [contract administrator] to comply with clause 5.4.2. If there is to be an information release schedule the contract administrator will be required to follow it. To the extent that it is not complied with and such non-compliance causes a delay, the contractor will be entitled to an extension of time. However, if there is no provision for an information release schedule, by virtue of clause 5.4.1 being deleted, or if the information release schedule

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does not cover the issue of information that is required, then the contract administrator is required to provide any other drawings and details to explain and amplify the contract drawings when they are reasonably necessary. It has been held that a contractors programme or document presented at the commencement of the Works could constitute a specific application for instructions or information provided that the date specified for delivery for each set of instructions met the requirement of not being unreasonably distant from nor unreasonably close to the relevant date7, subject to it being modified if the Works did not progress to plan. It has also been held (by analogy to a House of Lords decision in relation to a similar clause in JCT 1963) that whilst the withdrawal of a nominated sub-contractor may not come within this clause, delay by the employer in making a timeous re-nomination was covered8. Clauses 25.4.8.1 and 25.4.8.2: The execution of work not forming part of this Contract by the Employer himself or by persons employed or otherwise engaged by the Employer as referred to in Clause 29 or the failure to execute such work [or] the supply by the Employer of materials and goods which the Employer as referred to in clause 29 or the failure so to supply. This clause is also known as the artists and tradesmen clause. Its scope includes work by a local authority or statutory undertaker under a contract with the employer. Clause 25.4.12: Failure of the Employer to give in due time ingress to and egress from the site of the Works or any part thereof through or over any land, buildings, way or passage adjoining or connected with the site and in the possession and control of the Employer, in accordance with the Contract Bills and/or Contract Drawings, after receipt by the [contract administrator] of such notice, if any, as the Contractor may be required to give, or failure of the Employer to give such ingress or egress as otherwise agreed between the [contract administrator] and the Contractor. This clause is not concerned with possession of the site itself, but with access to it over other land in the possession and control of the employer as stated in the contract documents. Clause 25.4.14: By reason of the execution of work for which an Approximate Quantity is included in the Contract Bills which is not a reasonably accurate forecast of the quantity of work required. What constitutes a reasonably accurate forecast will be a matter of fact. However, it is suggested that empirical studies of the accuracy of quantity surveyors estimates may give guidance, that is, +/ 5 per cent accuracy.
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Clause 25.4.17: Compliance or non-compliance by the Employer with clause 6A.1. Clause 6A.1 relates to the employer ensuring that the planning supervisor (and the principle contractor, where the contractor is not the principle contractor) carries out his or her duties under the CDM regulations. Clause 25.4.18: Delay arising from a suspension by the Contractor of the performance of his obligations under the Contract to the Employer pursuant to clause 30.1.4. Clause 30.1.4 relates to the contractors rights to suspend the Works as a result of failure by the employer to pay the contractor in accordance with the contract payment terms and procedure in compliance with the Housing Grants, Construction and Regeneration Act 1996. Therefore, if the contractor is entitled to suspend the Works under clause 30.1.4 it will be entitled to an extension of time in the event that the Works are delayed as a result. It is interesting to note that the corresponding matter clause (26.2.10) is more restrictive in that it only entitles the contractor to recover any direct loss and expense if the suspension was not frivolous or vexatious. 4.5.7.2 NEUTRAL EVENTS

Clause 25.4.1:
force majeure This term is used in reference to all circumstances independent of the will of humankind which is not in our power to control, such as war, inundations and epidemics. It is wider than Acts of God, but it is generally thought that in relation to standard forms of construction contracts it has a restricted meaning. This is because matters such as war, strikes, fire, weather and government action are expressly dealt with in the contract. Clause 25.4.2: exceptionally adverse weather conditions The correct test to be applied by the contract administrator is whether the weather itself was exceptionally adverse9 so as to give rise to delay. This should be decided in light of the historic norm for the area and the status of the Works when the delay occurred. Therefore, the contract administrator should examine local meteorological and site records, looking at details and timing of rainfall, high wind speed, temperature and assess the effect on the labour, plant and work operations on site for the relevant periods.

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Clause 25.4.3: loss or damage occasioned by any one or more of the Specified Perils These are defined by clause 1.3 and include: fire; lightning; explosion; storm; tempest; flood; bursting or overflowing of water tanks; apparatus or pipes; earthquake; aircraft and other aerial devices or articles dropped therefrom; and riot and civil commotion. However, they exclude: ionizing radiations or contamination by radioactivity from any nuclear fuel or nuclear waste from the combustion of nuclear fuel; radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; and pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds. The scope of the specified perils is very wide and could stem from acts of negligence by the contractor. Clause 25.4.4: Civil commotion, local combination of workmen, strike or lock-out affecting any of the trades employed upon the Works or any of the trades engaged in the preparation, manufacture or transportation of any of the goods or materials required for the Works. The terms strike and lock-out should be given their ordinary meaning. The courts have given guidance on the meaning of civil commotion in relation to insurance contracts to include a stage between riot and civil war10.
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Clause 25.4.5.1: Compliance with [contract administrators] instructions under clauses ... 34, 35 or 36... Clause 34 instructions relate to fossils, antiquities and other objects of interest or value found on site during excavation. Clauses 35 and 36 relate to instructions connected with nomination. Whilst the contractor is seemingly not protected for recovering loss and expense monies by virtue of there not being a corresponding matter listed under clause 26, with regard to a late nomination it would appear that a contractor could seek to rely on clause 26.2.1 for late instruction of the expenditure of a provisional sum relating to a nominated sub-contractor or supplier. Clause 25.4.6: Delay on the part of nominated sub-contractors or nominated suppliers which the contractor has taken all practicable steps to avoid or reduce. The effect of this clause is that if such a delay causes an extension of time, even if the delay is due to the default of the nominated sub-contractor, the employer is deprived of the right to deduct liquidated damages. However, it should be noted that if a nominated sub-contractor has completed its work and has to return to site to remedy defective workmanship which in turn causes a delay to the Works, then this clause does not apply11. In this scenario an extension of time would not be granted. Whilst the employer is not liable to the contractor for losses caused by nominated sub-contractors and nominated suppliers, the contractor may be able to recover its losses directly through its nominated sub-contract or supplier contract. Clause 25.4.9: The exercise after the Base Date by the United Kingdom Government of any statutory power which directly affects the execution of the Works by restricting the availability or use of labour which is essential to the proper carrying out of the Works or preventing the Contractor from, or delaying the Contractor in, securing such goods or materials or such fuel or energy as are essential to the proper carrying out of the Works. The effect of this sub-clause is to reduce the scope of the force majeure sub-clause (clause 25.4.1) to those events not contained within this wording. Clauses 25.4.10.1 and 25.4.10.2: The contractors inability for reasons beyond his control and which he could not reasonably have foreseen at the Base Date to secure such labour [goods or materials] as is [are] essential to the proper carrying out of the Works. These words limit the effect of the sub-clause in respect of shortage of labour, materials or goods that the contractor could have foreseen by reasonable enquiry were likely to continue or arise at all.
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Clause 25.4.11: The carrying out by a local authority or statutory undertaker of work in pursuance of its statutory obligations in relation to the Works, or the failure to carry out such work. This sub-clause is limited to situations where the relevant authority or undertaker carries out work using its statutory powers, as opposed to under a contract with either the employer or contractor, and such work hinders the Works and causes delay. Clause 25.4.13: Where clause 23.1.2 is stated in the appendix to apply, the deferment by the Employer of giving possession of the site under clause 23.1.2. Clause 23.1.2 enables the employer to defer possession of the site by six weeks without being in breach of contract. This clause enables the completion date to be extended accordingly without the employer losing his or her right to deduct liquidated damages for any delay for which the contractor is culpable. Clause 25.4.15: Delay which the Contractor has taken all practicable steps to avoid or reduce consequent upon a change in the Statutory Requirements after the Base Date which necessitates some alteration or modification to any Performance Specified Work. The effect of this clause is limited to legislative changes that affect performance specified work, the effects of which the contractor has made attempts to mitigate. There is no requirement for the contractor to have made reasonable enquiry at or before the base date. Clause 25.4.16 The use or threat of terrorism and/or the activity of the relevant authorities in dealing with such use or threat. The effect of this sub-clause is to reduce the scope of the force majeure sub-clause (clause 25.4.1) to those events not contained within this wording.

4.5.8 Concurrent Delays

When assessing a contractors entitlement to an extension of time, the contract administrator will need to assess the effect of concurrent causes of delay. This is important for two reasons: 1) In relation to the granting of an extension of time: for example in assessing whether delay is caused in total or in part by an event for which the contractor is culpable under the contract. 2) In relation to clause 26 which deals with loss and expense: that is, some relevant events are paying and some are non-paying.

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The contract administrator may be faced with a scenario where there are concurrent causes of delay, each of which could have an equal delaying effect, or alternatively could have significantly unequal effect. The law is unclear on the correct approach. However, the generally accepted approach is that it is the dominant delaying event that should govern the award of an extension of time. Therefore, if a contractor seeks to rely on late instructions as entitlement for an extension of time and at the same relevant time the contractor is also delayed by events for which it is culpable, the contract administrator will need to satisfy him or herself that the delay caused by the late instructions was the dominant delay in order to award an extension of time. Which cause is dominant is a question of fact. This is not solved by the mere point of order of time but is to be decided by applying common sense standards12. The court had to consider the question of concurrent delays in 1999 and held that a contract administrator is entitled to consider the contractor responsible for concurrent delays when establishing whether or not a relevant event has in fact caused a delay13. Therefore, the question for consideration by the contract administrator when there are competing causes of delay, one of which is a relevant event and one which is not, is which cause was the dominant cause of delay. The courts also commented that where those competing causes were of equal causes, then if the contract administrator considers it fair and reasonable to do so, he or she is required to grant an extension of time14.

4.5.9 Consequential Entitlement

Consequential entitlement is where a delay that is a non-paying relevant event could fall to be an employer risk event or matter under clause 26. For example, the Works could be delayed by the issue of contract administrators instructions that cause the Works to overrun into an exceptional adverse weather or industry shutdown period. It is generally thought that the extension should be given under the primary cause.

4.5.10 Administration
A notification granting an extension of time must be taken with great care. Use of the RIBA and/or RICS Notification of Extension of Time form is recommended. The notification should include: the job title and number (if any); the contractors name; the date of issue; the completion date; a list of the relevant events for which an extension of time has been given;

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the extent to which the omission of work has been taken into consideration; the date of the contractors written notice of delay (if any); and the revised completion date.

4.5.11 Extension of Time under an ICE Contract

Although the specific contract clauses differ, the principles set out in relation to JCT contracts equally apply to the ICE contracts. The contractor can apply for an extension of time by giving notice, although such notice is not a condition precedent for the giving of an extension of time as the engineer can make an assessment in the absence of such notice. In assessing a contractors entitlement for an extension of time, the engineer is required to make an assessment of the delay suffered and consider whether that delay fairly entitles the contractor to an extension of time. The engineer is required to undertake a final review within 14 days of substantial completion.

4.5.12 Extension of Time under a GC Works Contract

The project manager or supervising officer under GC/Works forms of contract has the power to award an extension of time. However, it should be noted that some forms do make the giving of a notice by the contractor a condition precedent of an extension of time being awarded.

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Notes
1. Fairweather v. Wandsworth (1987) 39 BLR 106 2. London Borough of Merton v. Leech (1985) 32 BLR at pp.89 et seq. 3. Bremer Handelgesellschaft MBH v. Vanden Avenne-Izegem [1978] 2 LLR 109 4. John Barker Construction Limited v. London Portman Hotel Limited (1996) BLR 83 5. Balfour Beatty v. Chestermount Properties (1993) 62 BLR 1 6. Instructions under clauses 34 (antiquities), 35 and 36 (nomination of sub-contractors and suppliers) are non-paying 7. London Borough of Merton v. Leach [1985] 32 BLR 51 at pp.85-89 issue 5 8. Percy Bilton v. GLC [1982] 1 WLR 794 (HL) 9. Walter Lawrence v. Commercial Union Properties (1984) 4 ConLR 37 10. Levy v. Assicurazioni Generali [1940] 3 All ER 427 at p.437 11. Jarvis J. & Sons v. Westminster Corporation [1970] 1 WLR 637 (HL) 12. Leyland Shipping v. Norwich Union [1918] AC 350, Yorkshire Dale Steamship v. Minister of Ware Transport [1942] AC 691 13. Henry Book Construction (UK) Limited (Manchester) Limited 1999) TCC 18.10.99 v. Malmaison Hotel

14. Henry Book Construction (UK) Limited v. Malmaison (Manchester) Limited 1999) TCC 18.10.99 at paragraph 13

Hotel

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Appendix A: Further Reading

Eggleston, B. (1997) Liquidated Damages and Extensions of Time in Construction Contracts, 2nd edition, Oxford: Blackwell Science Emdens Construction Law, Butterworth Tolley Duncan Wallace, I.N. (1994) Hudsons Building and Engineering Contracts, 11th edition, London: Sweet & Maxwell Ramsey, V. & Furst, S. (2000) Keating on Building Contracts, 7th edition, London: Sweet & Maxwell Pickavance, K. (2000) Delay and Disruption in Building Contracts, 2nd edition, Lloyds of London RIBA, The Architect and Extensions of Time

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