Deferment of possession - Revision history

Designing Buildings at 08:05, 17 September 2020

2020-09-17T08:05:00Z

← Older revision		Revision as of 08:05, 17 September 2020
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	* Soft landings.		* Soft landings.

−	[[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]

Designing Buildings at 11:53, 19 February 2020

2020-02-19T11:53:19Z

← Older revision		Revision as of 11:53, 19 February 2020
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	* The possibility of increased costs and interest charges.		* The possibility of increased costs and interest charges.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

		+	* Commencement.
	* Handover to the client.		* Handover to the client.
	* Handover to the contractor.		* Handover to the contractor.

85.115.54.201 at 17:38, 27 September 2017

2017-09-27T17:38:45Z

← Older revision		Revision as of 17:38, 27 September 2017
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−
	Contracts generally grant the contractor exclusive possession of the site until practical completion when a handover meeting takes place and possession reverts to the client (see handover to client). The contract may state the date for possession of the site by the contractor (sometimes called the 'commencement date'), or, if not, then the site must be handed over to the contractor within a reasonable time after signing of the contract.		Contracts generally grant the contractor exclusive possession of the site until practical completion when a handover meeting takes place and possession reverts to the client (see handover to client). The contract may state the date for possession of the site by the contractor (sometimes called the 'commencement date'), or, if not, then the site must be handed over to the contractor within a reasonable time after signing of the contract.

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	It is considered that deferment of possession is a positive activity which the employer should signal by giving written notice although that is not expressly stated.		It is considered that deferment of possession is a positive activity which the employer should signal by giving written notice although that is not expressly stated.

−	Deferment of possession can be considered a relevant ~~event~~, giving rise to the possibility of the contractor claiming an extension of time or loss and expense. However, for such a claim to succeed, the deferment must have a material effect on the regular progress of the works. Obviously, deferment will have an immediate effect on progress, however, it does not extend the contract period, it simply moves it in time with dates for possession and completion which continue to have the same relationship to each other.	+	Deferment of possession can be considered a relevant matter, giving rise to the possibility of the contractor claiming an extension of time or loss and expense. However, for such a claim to succeed, the deferment must have a material effect on the regular progress of the works. Obviously, deferment will have an immediate effect on progress, however, it does not extend the contract period, it simply moves it in time with dates for possession and completion which continue to have the same relationship to each other.

	If the contractor is given early notice of deferment, they are likely to incur far fewer costs than if the deferment is only notified a few days before start on site. Issues that might be considered include:		If the contractor is given early notice of deferment, they are likely to incur far fewer costs than if the deferment is only notified a few days before start on site. Issues that might be considered include:
−	*Plant hire.	+
−	*The possibility of using operatives elsewhere.	+	* Plant hire.
−	*Delivery dates	+	* The possibility of using operatives elsewhere.
−	*Key dates for sub-contractors	+	* Delivery dates
−	*The possibility of increased costs and interest charges.	+	* Key dates for sub-contractors
		+	* The possibility of increased costs and interest charges.

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Handover to the client.
−	*Handover to the contractor.
−	*Migration strategy.
−	*Mobilisation.
−	*Occupation.
−	*Practical completion.
−	*Pre-contract meeting.
−	*Partial possession.
−	*Sectional completion.
−	*Soft landings.

−	[[Category:~~Contracts_/_payment~~]]	+	* Handover to the client.
−	[[Category:Construction_management]]	+	* Handover to the contractor.
−	[[Category:Contracts_/_payment]]	+	* Migration strategy.
−	~~[[Category:Client_procedures~~]]	+	* Mobilisation.
		+	* Occupation.
		+	* Practical completion.
		+	* Pre-contract meeting.
		+	* Partial possession.
		+	* Sectional completion.
		+	* Soft landings.
		+
		+	[[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]

Designing Buildings at 08:28, 26 March 2013

2013-03-26T08:28:56Z

← Older revision		Revision as of 08:28, 26 March 2013
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−	Contracts generally grant the contractor exclusive possession of the site until practical completion when a handover meeting takes place and possession reverts to the client (see handover to client). The contract may state the date for possession of the site by the contractor (sometimes called the 'commencement date'), or, if not, then the site must be handed over to the contractor within a reasonable time after signing of the contract.	+	Contracts generally grant the contractor exclusive possession of the site until practical completion when a handover meeting takes place and possession reverts to the client (see handover to client). The contract may state the date for possession of the site by the contractor (sometimes called the 'commencement date'), or, if not, then the site must be handed over to the contractor within a reasonable time after signing of the contract.

−	Some contracts will entitle the client to defer giving the contractor possession of the site for a period of up to six weeks unless a shorter period was stipulated in the contract particulars~~. It~~ is probably unwise to reduce the period.	+	Some contracts (such as the JCT Standard Form of Building Contract) will entitle the client to defer giving the contractor possession of the site for a period of up to six weeks unless a shorter period was stipulated in the contract particulars (it is probably unwise to reduce the period). This provision enables the client to defer possession without being in breach of contract.

−	It is considered that deferment of possession is a positive activity which the employer should signal by giving written notice although that is not expressly stated.	+	It is considered that deferment of possession is a positive activity which the employer should signal by giving written notice although that is not expressly stated.

−	~~For deferment~~ of possession to be considered a relevant event, giving rise to the possibility of claiming an extension of time or loss and expense, ~~it must be~~ the ~~cause of~~ a material effect on the regular progress of the works. Obviously, deferment will have an immediate effect on ~~regular~~ progress, ~~but~~, ~~this may not in itself allow a successful claim. Deferment~~ does not extend the contract period, it simply moves it in time with dates for possession and completion ~~continuing~~ to have the same relationship to each other.	+	Deferment of possession can be considered a relevant event, giving rise to the possibility of the contractor claiming an extension of time or loss and expense. However, for such a claim to succeed, the deferment must have a material effect on the regular progress of the works. Obviously, deferment will have an immediate effect on progress, however, it does not extend the contract period, it simply moves it in time with dates for possession and completion which continue to have the same relationship to each other.

−	If the contractor is given early notice of deferment, they are likely to incur far fewer costs than if the deferment is only notified a few days before start on site.	+	If the contractor is given early notice of deferment, they are likely to incur far fewer costs than if the deferment is only notified a few days before start on site. Issues that might be considered include:
−		+
−	Issues that might be considered include:	+
	*Plant hire.		*Plant hire.
	*The possibility of using operatives elsewhere.		*The possibility of using operatives elsewhere.
−	*Delivery dates	+	*Delivery dates
−	*Key dates for sub-contractors	+	*Key dates for sub-contractors
	*The possibility of increased costs and interest charges.		*The possibility of increased costs and interest charges.

Designing Buildings at 08:11, 26 March 2013

2013-03-26T08:11:53Z

← Older revision		Revision as of 08:11, 26 March 2013
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−	~~The employer is entitled to defer giving~~ the contractor possession of the site ~~for~~ a ~~period~~ of up to ~~six weeks unless~~ a ~~shorter period was stipulated in~~ the ~~Contract Particulars~~.	+	Contracts generally grant the contractor exclusive possession of the site until practical completion when a handover meeting takes place and possession reverts to the client (see handover to client). The contract may state the date for possession of the site by the contractor (sometimes called the 'commencement date'), or, if not, then the site must be handed over to the contractor within a reasonable time after signing of the contract.

−	~~The deferment is stated~~ to be six weeks ~~or whatever~~ shorter period is stipulated by the ~~employer~~. It is probably unwise to reduce the period. It is considered that deferment is a positive activity which the employer should signal by giving written notice although that is not expressly stated. This ground can only apply where the employer has actually exercised the right to defer.	+	Some contracts will entitle the client to defer giving the contractor possession of the site for a period of up to six weeks unless a shorter period was stipulated in the contract particulars. It is probably unwise to reduce the period.

−	~~In order for the relevant matters to apply, they must be the cause of a material effect on regular progress. Obviously, deferment will have an immediate effect on regular progress. But, it may be~~ that ~~the contractor will have to use a considerable degree of ingenuity to found a successful claim for loss and/or expense resulting from~~ deferment of possession~~. That~~ is ~~because deferment does not extend~~ the ~~contract period; it simply moves it in time with dates for possession and completion continuing to bear the same relationship to each other. If the contractor is given early~~ notice ~~of deferment, it~~ is likely to incur far fewer costs than if the deferment is only notified a few days before start on site. Issues to be considered are plant hire for site, the possibility of using operatives elsewhere, delivery dates and key dates for various sub - contractors and the possibility of increased costs and interest charges.	+	It is considered that deferment of possession is a positive activity which the employer should signal by giving written notice although that is not expressly stated.

		+	For deferment of possession to be considered a relevant event, giving rise to the possibility of claiming an extension of time or loss and expense, it must be the cause of a material effect on the regular progress of the works. Obviously, deferment will have an immediate effect on regular progress, but, this may not in itself allow a successful claim. Deferment does not extend the contract period, it simply moves it in time with dates for possession and completion continuing to have the same relationship to each other.
		+
		+	If the contractor is given early notice of deferment, they are likely to incur far fewer costs than if the deferment is only notified a few days before start on site.
		+
		+	Issues that might be considered include:
		+	*Plant hire.
		+	*The possibility of using operatives elsewhere.
		+	*Delivery dates
		+	*Key dates for sub-contractors
		+	*The possibility of increased costs and interest charges.
		+
		+	= Find out more =
		+
		+	=== Related articles on Designing Buildings Wiki ===
		+	*Handover to the client.
		+	*Handover to the contractor.
		+	*Migration strategy.
		+	*Mobilisation.
		+	*Occupation.
		+	*Practical completion.
		+	*Pre-contract meeting.
		+	*Partial possession.
		+	*Sectional completion.
		+	*Soft landings.
		+
		+	[[Category:Contracts_/_payment]]
	[[Category:Construction_management]]		[[Category:Construction_management]]
	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
		+	[[Category:Client_procedures]]

Designing Buildings: moved Deferment possession to Deferment of possession

2013-03-26T07:57:00Z

moved Deferment possession to Deferment of possession

← Older revision

Revision as of 07:57, 26 March 2013

Designing Buildings at 17:52, 25 March 2013

2013-03-25T17:52:18Z

← Older revision		Revision as of 17:52, 25 March 2013
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−		+	The employer is entitled to defer giving the contractor possession of the site for a period of up to six weeks unless a shorter period was stipulated in the Contract Particulars.
−	The employer is entitled to defer giving the contractor possession of the site for a	+
−		+
−	period of up to six weeks unless a shorter period was stipulated in the Contract Particulars.	+

	The deferment is stated to be six weeks or whatever shorter period is stipulated by the employer. It is probably unwise to reduce the period. It is considered that deferment is a positive activity which the employer should signal by giving written notice although that is not expressly stated. This ground can only apply where the employer has actually exercised the right to defer.		The deferment is stated to be six weeks or whatever shorter period is stipulated by the employer. It is probably unwise to reduce the period. It is considered that deferment is a positive activity which the employer should signal by giving written notice although that is not expressly stated. This ground can only apply where the employer has actually exercised the right to defer.

80.254.147.204 at 16:53, 25 March 2013

2013-03-25T16:53:44Z

← Older revision		Revision as of 16:53, 25 March 2013
Line 1:		Line 1:

−	~~The employer is entitled to defer giving the contractor possession of the site for a~~

−	~~<br/>~~period of up to six weeks unless a shorter period was stipulated in the Contract Particulars. The deferment is stated to be six weeks or whatever shorter period is stipulated by the employer. It is probably unwise to reduce the period. It is considered that deferment is a positive activity which the employer should signal by giving written notice although that is not expressly stated. This ground can only apply where the employer has actually exercised the right to defer. In order for the relevant matters to apply, they must be the cause of a material effect on regular progress. Obviously, deferment will have an immediate effect on regular progress. But, it may be that the contractor will have to use a considerable degree of ingenuity to found a successful claim for loss and/or expense resulting from deferment of possession. That is because deferment does not extend the contract period; it simply moves it in time with dates for possession and completion continuing to bear the same relationship to each other. If the contractor is given early notice of deferment, it is likely to incur far fewer costs than if the deferment is only notified a few days before start on site. Issues to be considered are plant hire for site, the possibility of using operatives elsewhere, delivery dates and key dates for various sub - contractors and the possibility of increased costs and interest charges.	+	The employer is entitled to defer giving the contractor possession of the site for a
		+
		+	period of up to six weeks unless a shorter period was stipulated in the Contract Particulars.
		+
		+	The deferment is stated to be six weeks or whatever shorter period is stipulated by the employer. It is probably unwise to reduce the period. It is considered that deferment is a positive activity which the employer should signal by giving written notice although that is not expressly stated. This ground can only apply where the employer has actually exercised the right to defer.
		+
		+	In order for the relevant matters to apply, they must be the cause of a material effect on regular progress. Obviously, deferment will have an immediate effect on regular progress. But, it may be that the contractor will have to use a considerable degree of ingenuity to found a successful claim for loss and/or expense resulting from deferment of possession. That is because deferment does not extend the contract period; it simply moves it in time with dates for possession and completion continuing to bear the same relationship to each other. If the contractor is given early notice of deferment, it is likely to incur far fewer costs than if the deferment is only notified a few days before start on site. Issues to be considered are plant hire for site, the possibility of using operatives elsewhere, delivery dates and key dates for various sub - contractors and the possibility of increased costs and interest charges.

	[[Category:Construction_management]]		[[Category:Construction_management]]
	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

80.254.147.204: Created page with " The employer is entitled to defer giving the contractor possession of the site for a
period of up to six weeks unless a shorter period was stipulated in the Contract Parti..."

2013-03-25T16:51:24Z

Created page with " The employer is entitled to defer giving the contractor possession of the site for a <br/>period of up to six weeks unless a shorter period was stipulated in the Contract Parti..."

New page

The employer is entitled to defer giving the contractor possession of the site for a

<br/>period of up to six weeks unless a shorter period was stipulated in the Contract Particulars. The deferment is stated to be six weeks or whatever shorter period is stipulated by the employer. It is probably unwise to reduce the period. It is considered that deferment is a positive activity which the employer should signal by giving written notice although that is not expressly stated. This ground can only apply where the employer has actually exercised the right to defer. In order for the relevant matters to apply, they must be the cause of a material effect on regular progress. Obviously, deferment will have an immediate effect on regular progress. But, it may be that the contractor will have to use a considerable degree of ingenuity to found a successful claim for loss and/or expense resulting from deferment of possession. That is because deferment does not extend the contract period; it simply moves it in time with dates for possession and completion continuing to bear the same relationship to each other. If the contractor is given early notice of deferment, it is likely to incur far fewer costs than if the deferment is only notified a few days before start on site. Issues to be considered are plant hire for site, the possibility of using operatives elsewhere, delivery dates and key dates for various sub - contractors and the possibility of increased costs and interest charges.

[[Category:Construction_management]]
[[Category:Contracts_/_payment]]