Can Prevention be Cured by Time Bars?

Professor Doug Jones

October 2009

A paper presented to a meeting of the Society of Construction Law and the Technology and Construction Bar Association in London on 17th September 2008.

In this paper, Professor Jones addresses the issue of whether liquidated damages for delayed performance can be enforced against a contractor for periods of delay caused by the owner, and for which the contractor cannot obtain extensions of time due to the operation of time bar provisions in the extension of time clause. He looks at the considerable judicial and other comment on the issue in the UK and Australia, and consdiers the principles relevant to the issue and the debate so far, before offering some views on the question.

Introduction - Origins of the prevention principle - Delay risk - The debate - Views - Consequences - Conclusion.

Doug Jones AM, RFD, BA, LLM, FCIArb, FIAMA is a partner of Clayton Utz, lawyers in Sydney Australia and a member of Atkin Chambers in London.

Text 19 pages.