JCT Extensions of Time

A contractor should have completed their work at Day 100, but as at Day 150 has still not completed, a non-completion certificate has been issued. The Architect issues an instruction at Day 150 which results in and entitlement of 10 days worth of delay.
a) Should the contract be extended from the contract completion date by the 10 days, hence to Day 110, or from the date of the instruction by 10 days, hence to Day 160?
b) If the latter and extended to Day 160, is the contractor still liable for the dealy between days 100 and 150?
c) What cases are the precedent behind this decision?

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To answer your questions as follows:-

(a) a 10 day extension should be granted.

(b) the contractor is liable for 50 days delay

(c) the case is Balfour Beatty v Chestermount

Good luck



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A quick follow up.

On the basis of the above, is the justification for the giving of the EoT the basis that it is extra work on site that would have impacted other works and taken longer thus extending construction period, hence it is given net?

If it is because it would have simply extended the completion date I would have thought that the full 60 days would have been given?

The reason i ask is because if it is the former, does it make a difference if part of the extension relates to actual work and part to a delivery period? For example if a 20 day delay was caused, but 10 of that was delivery and 10 installation, would you still give a 20 day delay?