What does Time at large mean? Time at large describes, in construction contracts, the position where there is no enforceable contractual completion date and the contractor’s obligation is instead to complete within a reasonable time. It is a descriptive common law expression arising from case law (often via the prevention principle), not defined by legislation. Time commonly becomes at large where employer‑risk events (such as instructions, variations or other acts of prevention) delay progress and there is no effective extension‑of‑time (EOT) mechanism, or the EOT machinery cannot operate on its wording. The stated completion date then falls away and the employer cannot levy liquidated...
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This Practice Note explores the notion of 'Time at large' in the context of completing works under a construction contract, setting out what the term signifies, how it can arise, and the consequences of time becoming at large (including what amounts to a 'reasonable time' for Completion)...
Ordinarily, construction contracts require the contractor to finish the works by a stated Completion date (or within a defined timeframe). If that deadline is not met, and the contract does not permit an extension to cover the relevant cause(s) of delay, the contractor will typically be liable to pay liquidated Damages (known as LADs or LDs) to the employer. Where, however, the provisions dealing with time for completion are absent or deficient, so that the employer cannot insist on completion by a particular contractual date, time is said to be 'at large'. When time is at large, there is no enforceable completion date under the contract, and the contractor is then bound only by an implied obligation to complete the works within a 'reasonable time'...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...