When Does An Entitlement To An Extension Of Time Arise?

By Joseph Bond, Executive Director, Kenzie Consulting
www.kenzieconsulting.com
This month´s question was posed by an architect for an
architectural firm based in Manchester.

Question: As an architect, I am required to approve a subcontractor’s drawings – how long do I now have before any entitlement to an extension of time arises?

Answer: A subcontractor is someone who is employed by a main contractor to undertake specific works on a project. These works may involve producing drawings or designs in respect of any installation or works that they may have to complete. Any well prepared drawing or designs usually provide for an approval arrangement. An approval arrangement, in this scenario, would be undertaken by an architect to approve that the drawings or designs prepared comply with his work. This approval arrangement will usually include a timescale, which will normally refer to the greatest amount of time for any queries to be raised and the timescale for the drawing or designs to be approved. It will also usually include time to answer any queries that may be raised. This approval arrangement will set out the specific roles of both the subcontractor and the architect through to the stage of approval. If an architect fails to approve the drawing or design within the allocated timescale in the arrangement or raise any query and as a consequence the date for completion of the project is delayed there is usually an entitlement to an extension of time (EoT). If there is no provision for extending time where delays are caused by late approval then the subcontractors obligation is to complete within a reasonable time. This area becomes complicated where there is no timescale referred to in the drawing or if there is no procedure set in place for the architect to approve the drawing. It is usual that the Court will decide that there is an implied term to give the contract efficiency. The implied term will usually allow that the approval of the architect be given in a reasonable time. Reasonable time is not a set fixed period but will depend upon the circumstances of each individual circumstances. In summary – if there is no provision in the contract relating to timescales for approval of the subcontractor’s drawings or designs then a reasonable period of time will be implied. Do you have a contractual, technical or legal problem? Or would you simply like to understand a particular issue better? Would you like independent objective advice?

Therefore, if you have a question regarding any construction law, dispute resolution or quantity surveying matter then email either info@modernbuilder.co.uk or joseph.bond@kenzieconsulting .com and we will publish a response in Modern Builder detailing our advice. All correspondence will be treated with the utmost confidence.