Professional Documents
Culture Documents
Lesson 1 and 2 Cons Meth
Lesson 1 and 2 Cons Meth
Project Management
Construction Industry
The time allowed (expressed as either days allowed or as a required completion date) for completion of a
construction project is normally specified in the contract along with the phrase “time is of the essence”. If no
completion date is specified, a “reasonable time”, as interpreted by the courts, is allowed. If the phrase “time is of the
essence” is included in a contract and the project is not completed within the specified time, the contractor is liable
for any damages (monetary loss) incurred by the owner as the result of late completion. In such a case, the courts will
hold the contractor responsible for the actual damages that the owner incurs. A liquidated damages clause in the
contract may be used to simplify the process of establishing the amount of damages resulting from the late
completion. Such a clause will specify the amount of damages to be paid by the contractor to the owner for each day
of late completion. If challenged in court, the owner must prove that the amount liquidated damages specified in the
contract reasonably represents the owner’s actual loss. If the liquidated damages are shown to be reasonable, the
courts will sustain enforcement.
Construction contracts normally contain provisions for time extensions to the contract due to circumstances beyond
control of the contractor, such as owner-directed changes, acts of God, and strikes.