TIME FOR COMPLETION

( C O M PA R E T H E R E G U L AT I O N O F D I F F E R E N T
INSTITUTIONS)

PRESENTED BY- ROHITASHVA COURSE FACULTY- PROF. R.J. SHAH

KUMAR & DR. KANAN THAKKAR
 ORGANIS ATIONS

o AIA ( AMERICAN INSTITUTE OF ARCHITECTS)

o CPWD ( CENTRAL PUBLIC WORKS DEPARTMENT)
o FIDIC (FÉDÉRATION INTERNATIONALE DES INGÉNIEURS-
CONSEILS)
o FIEC (EUROPEAN CONSTRUCTION INDUSTRY FEDERATION )
o RIBA (ROYAL INSTITUTE OF BRITISH ARCHITECTS)
o JCT ( JOINT CONTRACTS TRIBUNAL)
INTRO…
 AIA
§ 8.3.1.2 Notice and Claim for Extension.
In the event of a delay in the commencement or progress of the Work as a
result of any of the circumstances in this Section 8.3.1, the Contractor may
receive an extension of time for completion of the Work equal to the delay, if
the Contractor delivers a written notice and claim to the Owner and Architect
delivered in any manner provided in Section 1.6.1 of this Agreement. The
Notice shall identify and provide a reasonably detailed description of the
circumstances causing the delay, disruption, or interference to the Contractor’s
performance or progress of the Work on or before the due date of Contractor’s
Application for Payment covering the period in which the delay began. Claims
for an extension of time shall be stated in whole or half calendar days, as
applicable. The actual date on which the delay(s) began and/or the date the
delay ended, if applicable, must be stated in the Claim Notices as applicable.
 AIA
§ 8.4 No Damages or Other Compensation for Delay or Acceleration
This Agreement does not permit recovery by the Contractor of damages or
additional compensation for delay, acceleration, disruption, or interference to the
Contractor’s performance or progress of the Work Contractor agrees that
Contractor shall be fully compensated for all delays solely by an extension of
time including but not limited to delay, disruption, or interference caused by the
Owner the Architect, of an employee of either, or of a Separate Contractor, any
of the circumstances set out in Section 8.3.1 or acceleration of the Work required
by the Owner in accordance with the terms of this Agreement. Contractor’s sole
remedy for delay disruption, or interference in its performance or progress of the
Work or any required acceleration of the Work shall be the grant of an extension
of time for completion equal to a delay or such reasonable time as the Owner
and Architect may determine in their sole discretion.
 CPWD
CLAUSE-1
(ii) The Performance Guarantee shall be initially valid up to the
stipulated date of completion plus 60 days beyond that. In case
the time for completion of work gets enlarged, the contractor
shall get the validity of Performance Guarantee extended to
cover such enlarged time for completion of work. After
recording of the completion certificate for the work by the
competent authority, the performance guarantee shall be
returned to the contractor, without any interest.
 CPWD
CLAUSE 3A
In case, the work cannot be started due to reasons not within
the control of the contractor within 1/8th of the stipulated time
for completion of work, either party may close the contract. In
such eventuality, the Earnest Money Deposit and the
Performance Guarantee of the contractor shall be refunded, but
no payment on account of interest, loss of profit or damages
etc. shall be payable at all.
 CPWD
12.1 The time for completion of the works shall, in the event of
any deviations resulting in additional cost over the tendered
value sum being ordered, be extended, if requested by the
contractor, as follows :
(i) In the proportion which the additional cost of the altered,
additional or substituted work, bears to the original tendered
value plus
(ii) 25% of the time calculated in (i) above or such further
additional time as may be considered reasonable by the
Engineer-in-Charge.
 FIDIC
CLAUSE8.2
Time for Completion The Contractor shall complete the whole of
the Works, and each Section (if any), within the Time for
Completion for the Works or Section (as the case may be),
including completion of all work which is stated in the Contract
as being required for the Works or Section to be considered to
be completed for the purposes of taking over under Sub-
Clause 10.1 [Taking Over the Works and Sections].
 FIDIC
10.1 Employer’s Taking Over 10 Taking Over the Works and
Sections Except as stated in Sub-Clause 9.4 [Failure to Pass Tests
on Completion], Sub-Clause 10.2 [Taking Over Parts] and Sub-
Clause 10.3 [Interference with Tests on Completion], the Works
shall be taken over by the Employer when:
(a) the Works have been completed in accordance with the
Contract, including the passing of the Tests on Completion and
except as allowed in sub-paragraph (i) below; (b) if applicable, the
Engineer has given (or is deemed to have given) a Notice of No-
objection to the as-built records submitted under Sub-Clause 4.4.2
[As-Built Records];
 FIDIC
(c) if applicable, the Engineer has given (or is deemed to have given) a
Notice of No-objection to the operation and maintenance manuals under
Sub-Clause 4.4.3 [Operation and Maintenance Manuals];
(d) if applicable, the Contractor has carried out the training as described
under Sub-Clause 4.5 [Training]; and
(e) a Taking-Over Certificate for the Works has been issued, or is deemed to
have been issued in accordance with this Sub-Clause
The Contractor may apply for a Taking-Over Certificate by giving a Notice to
the Engineer not more than 14 days before the Works will, in the
Contractor’s opinion, be complete and ready for taking over. If the Works are
divided into Sections, the Contractor may similarly apply for a Taking-Over
Certificate for each Section.
 FIDIC
EXAMPLE SUB-CLAUSE FOR INCENTIVES FOR EARLY
COMPLETION “The Contractor shall be entitled to a bonus
payment if the Works and/or each Section is completed earlier
than the Time for Completion for the Works or Section (as the
case may be). The amount of bonus for early completion of the
Works and/or each Section is stated in the Specification. For the
purposes of calculating any bonus payment, the applicable
Time for Completion stated in the Contract Data is fixed and no
adjustments of this time by reason of granting an EOT will be
allowed.”
 FIDIC
Sub Clause 8.5
Extension of Time for Completion Sub-paragraph (c) of this Sub-Clause
entitles the Contractor to an extension of the Time for Completion for
“exceptionally adverse climatic conditions”. It may be preferable to set out in
the Specification what constitutes an “exceptionally adverse” event - for
example, by reference to available weather statistics and return periods. It
may also be appropriate to compare the adverse climatic conditions that have
been encountered with the frequency with which events of similar adversity
have previously occurred at or near the Site. For example, an exceptional
degree of adversity might be regarded as one which has a probability of
occurrence of once every four or five times the Time for Completion of the
Works (for example, once every eight to ten years for a two-year contract).
 FIEC
Variations: If variations are instructed but not agreed under Sub-
Clause 13.3, they may affect the time for completion, entitling the
contractor to adjustments​.
Delays caused by the Employer: Delays due to actions or
omissions by the employer can warrant extensions of time. For
example, restricted or delayed site access (Sub-Clause 2.1) is
highlighted as an issue where contractors are unfairly impacted​.
Contractors must notify the employer promptly when delays occur
that could impact the time for completion. These notifications and
requests for extensions must be aligned with Sub-Clause 20.1​
 FIEC
Failure to notify or comply with the procedure outlined in these
clauses may lead to a loss of the contractor's right to claim
extensions​.
Examples of Delays Requiring Extensions:
Errors in site data or unforeseen adverse conditions (e.g.,
physical or ground conditions) as detailed in Sub-Clause 4.7 and
Sub-Clause 4.12.
Unforeseeable risks transferred to the contractor due to
modifications in contract conditions​
 RIBA
Project Timeline and Target Dates:
The Project Brief (Item D) contains the target Project Programme, including
key dates like submission deadlines for planning applications or
start/completion dates of building works​.
If these target dates are not met, adjustments may need to be discussed and
agreed upon by the client and the architect/consultant.
Adjustments to Time for Completion:
Any changes to the schedule due to unforeseen conditions, client requests,
or additional services must be documented in amendments to the Schedule
of Services or agreed in writing​.
The Schedule of Services itself maps out roles and stages of work that
directly influence the time for completion. Delays in completing any stage
can cascade to subsequent project milestones.
 RIBA
Rights of the Architect/Consultant:
The architect/consultant has the right to suspend or terminate
the contract if the client causes undue delays, such as failure to
provide timely approvals or payments​.
This suspension right includes protections for the consultant's
fees and obligations during such delays.
 JCT
Notice of Delay by Contractor:
• If the progress of works is delayed, the contractor must notify the employer of
the causes of delay and indicate relevant events that contribute to the delay.
These notices must include particulars of the delay's expected impact, including
an estimate of any potential delay beyond the planned Completion Date​
Employer's Adjustment of Completion Date:
• If the delay qualifies as a "Relevant Event" (e.g., adverse weather conditions,
force majeure), the employer shall extend the Completion Date to what is
deemed fair and reasonable​
The employer must notify the contractor of decisions related to extension of
time, usually within 12 weeks from the notice of delay, unless the time left to
Completion Date is shorter​
 JCT
Fixing Completion Date:
• If adjustments are necessary, the employer may re-fix the Completion Date either to
extend or shorten the duration based on revised estimates or circumstances, as long
as the revisions are fair and reasonable
Practical Completion:
• Practical completion is achieved when the contractor has substantially completed
works to the employer’s satisfaction. The employer then issues a "Practical
Completion Statement" for the works or specific sections
Non-Completion and Liquidated Damages:
• If the contractor fails to complete the works by the relevant Completion Date, the
employer issues a "Non-Completion Notice" and may levy liquidated damages as
stipulated in the contract. The employer can also extend the Completion Date based
on fair and reasonable grounds​
 JCT
Recovery for Delay:
•If liquidated damages have been deducted but the Completion
Date is later adjusted, the contractor may recover the amount
for the period of delay that was later included in the adjustment​
Supplemental Provisions on Acceleration:
•If early completion is required, the employer can propose an
"Acceleration Quotation" from the contractor, including revised
timelines and additional costs. Agreement on such proposals
adjusts the Completion Date and contract sum accordingly​
THANK YOU