Are time bars enforceable?
Time bars prevent a party from exercising a right under a contract outside a prescribed timeframe. The general rule is that time bars are enforceable, although there can be exceptions.
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Time bars prevent a party from exercising a right under a contract outside a prescribed timeframe. The general rule is that time bars are enforceable, although there can be exceptions.
Read MoreThe 'prevention principle' is a legal doctrine that protects a contractor from liquidated damages for delays caused by the principal. The basic idea is that a party to a contract should not be permitt...
Read MoreA recent case in NSW shows that a superintendent can be required to grant an EOT even where the contractor is barred from claiming one. Whether this is the case for you will depend on the terms of you...
Read MoreIn NSW at least, the date of 'practical completion' under an unamended AS 4000 is the date the certificate of practical completion is issued - even if the works have reached practical completion at so...
Read MoreThis article explains how to claim an EOT, and addresses some of the areas where mistakes are often made.
Read MoreUpdate: You can find a summary of Mr Murray's report, including a link to the report, by clicking here. The Australian Government has appointed John Murray AM to review the security of payment laws in...
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