Deferment of possession
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 (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.
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:
- Plant hire.
- The possibility of using operatives elsewhere.
- Delivery dates
- Key dates for sub-contractors
- The possibility of increased costs and interest charges.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Boiler Upgrade Scheme and certifications consultation
Summary of government consultation which closes 11 June 2025.
Deputy editor of AT, Tim Fraser, discusses the newly formed society with its current chair, Chris Halligan MCIAT.
Barratt Lo-E passivhaus standard homes planned enmasse
With an initial 728 Lo-E homes across two sites and many more planned for the future.
Government urged to uphold Warm Homes commitment
ECA and industry bodies write to Government concerning its 13.2 billion Warm Homes manifesto commitment.
Places of Worship in Britain and Ireland, 1929-1990. Book review.
The emancipation of women in art.
CIOB Construction Manager of the Year 2025
Just one of the winners at the CIOB Awards 2025.
Call for independent National Grenfell oversight mechanism
MHCLG share findings of Building Safety Inquiry in letter to Secretary of State and Minister for Building Safety.
The Architectural Technology Awards
AT Awards now open for this the sixth decade of CIAT.
50th Golden anniversary ECA Edmundson awards
Deadline for submissions Friday 30 May 2025.
The benefits of precast, off-site foundation systems
Top ten benefits of this notable innovation.
Encouraging individuals to take action saving water at home, work, and in their communities.
Takes a community to support mental health and wellbeing
The why of becoming a Mental Health Instructor explained.
Mental health awareness week 13-18 May
The theme is communities, they can provide a sense of belonging, safety, support in hard times, and a sense purpose.
Mental health support on the rise but workers still struggling
CIOB Understanding Mental Health in the Built Environment 2025 shows.
Design and construction material libraries
Material, sample, product or detail libraries a key component of any architectural design practice.
Construction Products Reform Green Paper and Consultation
Still time to respond as consultation closes on 21 May 2025.
Resilient façade systems for smog reduction in Shanghai
A technical approach using computer simulation and analysis of solar radiation, wind patterns, and ventilation.