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Volunteer

 Alina Valentina Oprea

Expertise

I can answer to questions

regarding FIDIC 1999

contracts, including practical

use of these conditions of 

contract, as well as to

questions regarding dispute

boards, both from theoretical

and practical point of view. I

cannot answer to questions

related to procurement

process, except to some

(limited) extent.

Experience

implementation of works

contracts (FIDIC 1999)

financed by different financial

institutions, including

European Union; dispute

boards

Publications  

see

http://alina.oprea.v.googlepag

es.com/publications ; DRBF

Forum Newsletter; Drumuri si

Poduri; Revista Constructiilor;

SIDiR Newsletter

Education/ Credentials 

Graduated the University of 

Civil Engineering Bucharest,

Faculty of Railways, Roads

and Bridges (1985-1990);

Trained under Mr. Gwyn

Owen’s pupilage scheme for

arbitrators/adjudicators under

Home Industry Construct ion Industry Construct ion Law Time at large

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Construction Law /Time at large

Expert: Alina Valentina Oprea - 7/9/2010

 

Question 

Dear,

1. Please explain me the basic concept of "Time at large"?

2. Secondly, if the contractual time of completion or Time of 

completion after giving Extension of time has passed. Also

maximum Liquidated Damages has been levied. Than what to do,

if Employer donot want to terminate the contractor as work left is

less?

Answer 

Dear Zafar,

Here are the answer to your questions, sent previously, as well.

1. “Time at large” concept deals with waiving the obligation of the

Contractor to comply with the Time for Completion when the

Employer prevented the Contractor to finalize the works within the

Time for Completion. It was used first in the Common Law area, when the mechanism of contract did not al low for

extension of time when the Employer did not fulfil l its obligations.

 “Time at large” allows the Contractor to finalize the works within reasonable time, instead within the Time for

Completion time, when the actions or inactions of the Employer prevented the Contractor to finalize in time the works

For example, if the Employer did not grant the access to the site at the time foreseen in the contract, but later, and

the works were delayed because of this, and in the contract there is no mechanism which allows the Contractor toobtain extension of time for completion because of this late possession of site, then the time for completion, in case

the Contractor demonstrates the incurred delay and that no mechanism for granting extension of time because of the

Employer’s failure, becomes “time at large”, and the Contractor is allowed to finalize the works within a reasonable

time.

2. So, what to do when the works are not finalized, the time for completion has passed and the maximum amount of 

Liquidated Damages has been levied… Many Employers ask themselves this question, when they do not want to

terminate the Contract, especially when there is not much works to be done. The answer is in the negotiating abilities

of the Employer and Engineer mainly, and in the wisdom of the Contractor, all of them being interested in keeping

their good name and reputation by finalizing a good piece of work. Another method, which could be complementary to

the first one, could be to find the actual reason of not finalizing the works by the Contractor – could be claims not

resolved, lack of resources or financial means from the Contractor. Discussions between the Parties, with the help of a

mediator or other neutral person, or even with the help of the Engineer – if the Parties do not have bad feelings

against him – could lead to agreed solutions to finalize the works in agreed conditions.

Best regards,

Alina

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Alina Valentina Oprea

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Page 1 oConstruction Law: Time at large, concept of time, zafar

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Page 2 oConstruction Law: Time at large, concept of time, zafar

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