Time Bar Clauses in Construction Contracts - How Effective are They?

Introduction

A time bar clause in a construction contract sets a time frame in which a contractor is required to make any claim it has for additional time or money under the contract.

For employers, time bar clauses in construction contracts can be a way to incentivise contractors to inform them of any claims at the earliest opportunity. This may enable employers to have a more realistic understanding of how the project is progressing in terms of time and cost. For contractors, if a time bar clause has the effect of preventing their claim and they fail to comply with it, the impact on their finances can be devastating.

This virtual classroom seminar will consider the effect of time bar clauses.

We will look at various case law and examples from standard forms. Practical considerations relating to how best to draft and manage the requirements imposed by time bar clauses will be explored.

What You Will Learn

This live and interactive course will cover the following:

• When will a contractor’s claim be barred by a failure to put it in in time?
• Consideration of the position in some standard forms
• When will the parties be considered to have waived a time bar?
• How does the prevention principle interact with time bars?
• How should parties draft time bar clauses?
• What should contractors do to avoid being time barred?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.