What Is Time at Large in Construction Contracts?

Construction contracts typically contain a date by which the contractor completes the work. The phrase ‘time at large’ describes a situation where there is no practical completion date or a contract’s completion date is now invalid.  

A construction contract with a completion date can become time at large because of delays. Hold-ups and interruptions to work are common on construction projects. Sometimes, a poorly drafted contract won’t include a term to extend the completion date.

Managing delayed completion dates in the contract provisions is essential and allows the client to potentially claim liquidated damages from the contractor if they’re responsible. 

If time is at large, the contractor only has to complete the works in a ‘reasonable’ time frame which is open to interpretation and dispute. Further, providing for an extension of completion facilitates a client’s claim for liquidated damages, as there is a date against which to calculate the amount. To try to protect against these risks;

• construction contracts should include a completion date or mechanism;

• there should be a provision to extend the date so the agreement avoids a time at large status in the event of delays;

• contract clauses should cover all eventualities, including that the contractor proceeds with the work at a regular and diligent pace and an early warning provision to flag any delays in advance; and

• clauses and contracts should be drafted to try to ensure it is challenging to blame the contractor for delays or to claim compensation when time is at large.