What is it about?
This paper explains why deadlines in building contracts do not usually work the way many people think. In everyday life, missing a deadline can cancel an agreement but in construction, things are different. Building projects are complex, involve many people, and face constant changes, delays, and unexpected events. Because of this, UK courts rarely treat time limits as strict conditions that allow a contract to be ended if work is late.
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Why is it important?
This work is important because it clarifies a legal rule that is widely used but often misunderstood. Many contractors and employers include the phrase “time is of the essence” in their contracts believing it will give them strong rights if delays occur. However, the courts almost never enforce it in the way people expect. This misunderstanding can lead to poor contract drafting, risky decisions, or wrongful termination.
Perspectives
Writing this article was an opportunity to untangle a confusing and often misused legal phrase that appears in almost every building contract. My hope is that this work helps practitioners realise that “time is of the essence” is not the silver bullet it is sometimes believed to be, and that understanding the doctrine properly can prevent serious mistakes. More than anything, I hope readers find the topic surprisingly engaging and leave with a clearer grasp of how deadlines really work in construction law and why the law takes the approach it does.
Dr Mohamad El Daouk
University College London
Read the Original
This page is a summary of: Time of the Essence in Building Contracts, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, May 2023, American Society of Civil Engineers (ASCE),
DOI: 10.1061/jladah.ladr-949.
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