Culpable delay in construction contracts
Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT). The contractor may (but is not necessarily) also be entitled to claim for loss and expense associated with the delay.
Culpable delay (sometimes referred to as 'contractor delay') on the other hand is a delay that is entirely the fault of the contractor. Where the contractor is culpable for a delay, they have no entitlement to an extension of time or loss and expense.
Where there is a culpable delay, the period of time after the contractual date for completion has passed is referred to as the period of contractor culpable delay, and during this period, the contractor will be liable to pay liquidated and ascertained damages (LAD's) to the client.
Concurrent delay refers to the complex situation where more than one event occurs at the same time, but where not all of those events enable the contractor to claim an extension of time. For more information, see Concurrent delay.
In Carillion Construction Ltd. v Woods Bagot Europe Ltd. and others [2016], the Technology and Construction Court (TCC) held that a subcontractor who had caused a delay, was also entitled to an extension of time and that this should run contiguously from the contractual completion date. This meant that the subcontractor’s period of culpable delay was extinguished, and they were no longer liable for their own delay.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Heat Pump demand rises by one quarter.
As energy prices jump up in cost.
With people in the UK from Ukraine.
Industry leader Steve Murray takes on role.
An abundant and versatile building material.
How overheating complicates ending gas in the UK.
600,000 heat pump installations targeted per year by 2028.
Cost planning, control and related articles on DB.
Helping prevent those unwanted outcomes.
ICE debate Public transport - post pandemic.
How has transport changed due to Covid-19 ?
Cross-ventilation in buildings. Do you have it ?
Will you need it ? after June 15 and the new Part O ?
Share your knowledge with the industry.
Create an account and write the first of many articles.
The green jobs delivery group.
CIAT commentary after the first meeting.
Liverpool's world heritage site status
Who is to blame?
Research recommends focussing on portfolio success rather than project success.
ICE and BSI launch revised PAS 128 standard.
The revised standard for mapping underground utilities.
Launching the UK net zero carbon buildings standard.
Cross-industry steering group seeks support in delivery.