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www.fenwickelliott.com
Time, delay and liquidated damages by Nicholas Gould, Partner 1 Introduction Time;. Money; and Possession. 2 Commencement and Completion The obligation to complete. Reasonable time. Is the date for completion binding? Acts of prevention; and Extensions of time. Time is not of the essence. Time being of the essence means that a contractual provision is a condition (not a warranty or an innominate term). Forfeiture would be particularly harsh for a contractor, see United Scientific Holdings v Burnley Council [1978] AC 904 HL and Bunge Cork v Trade SEA [1981] 1 WLR 711 HL. Generally time will be of essence if: The contract states that a condition must be precisely complied with; or There are surrounding circumstances of the contract are such that time must be of the essence. Time can have been made of the essence (Richards (Charles) v Oppenheim [1950] 1.)
Apache/2.4.10 (Debian) Server at www.fenwickelliott.com Port 80
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