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Time at large: implication for liquidated damages

“Time at large” is a term used to indicate that the duty to complete the works by particular time is lost. In the event of late completion, the Contractor may use “time at large” to avoid paying liquidated damages. The Contractor may argue that the duration of the contract was never established or d...

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Main Author: Mustaffar Kamar, Nurul Iman
Format: Thesis
Language:English
Published: 2017
Subjects:
QE Geology
Online Access:http://eprints.utm.my/id/eprint/78907/1/NurulImanMustaffarMFAB2017.pdf
http://eprints.utm.my/id/eprint/78907/
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spelling my.utm.789072018-09-17T07:23:04Z http://eprints.utm.my/id/eprint/78907/ Time at large: implication for liquidated damages Mustaffar Kamar, Nurul Iman QE Geology “Time at large” is a term used to indicate that the duty to complete the works by particular time is lost. In the event of late completion, the Contractor may use “time at large” to avoid paying liquidated damages. The Contractor may argue that the duration of the contract was never established or delay was caused by Employer’s default. Thus, preventing Employer from enforcing the right to liquidated damages. However, the interpretation of "time at large" is not that straightforward as there were different or various interpretations of the term. The basic principle of “time at large” suggests the Contractor, in fact, is given time to fulfil his obligations rather than a specific duration to complete the works. Therefore, the principle needs to clarify further specifically in relation to liquidated damages. This research is conducted to determine the circumstances for which “time at large” may be validly acceptable by the Courts in avoiding or mitigating the liquidated damages. The method applied for this research was legal research methodology. This research has been carried out based on cases that are related to “time at large” and liquidated damages. The law cases were reported in Malayan Law Journal (MLJ) which was retrieved from Online Database LexisNexis. In achieving the objective of this research, seven cases have been chosen to be analyzed. Based on the finding of the analysis, there are a few number of circumstances at which “time at large” may be validly acceptable by the Courts in avoiding or mitigating the liquidated damages. Those circumstances are additional variations or extra works, late site possession, delay and disruption of the performance of works, failure to insist on strict compliance with the deadline of the contract, waiver and failure to grant an extension of time. The results show that the Contractor may use “time at large” to avoid or mitigate the imposition of liquidated damages claims from the Employer. 2017 Thesis NonPeerReviewed application/pdf en http://eprints.utm.my/id/eprint/78907/1/NurulImanMustaffarMFAB2017.pdf Mustaffar Kamar, Nurul Iman (2017) Time at large: implication for liquidated damages. Masters thesis, Universiti Teknologi Malaysia, Faculty of Built Environment. http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:106182
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
language English
topic QE Geology
spellingShingle QE Geology
Mustaffar Kamar, Nurul Iman
Time at large: implication for liquidated damages
description “Time at large” is a term used to indicate that the duty to complete the works by particular time is lost. In the event of late completion, the Contractor may use “time at large” to avoid paying liquidated damages. The Contractor may argue that the duration of the contract was never established or delay was caused by Employer’s default. Thus, preventing Employer from enforcing the right to liquidated damages. However, the interpretation of "time at large" is not that straightforward as there were different or various interpretations of the term. The basic principle of “time at large” suggests the Contractor, in fact, is given time to fulfil his obligations rather than a specific duration to complete the works. Therefore, the principle needs to clarify further specifically in relation to liquidated damages. This research is conducted to determine the circumstances for which “time at large” may be validly acceptable by the Courts in avoiding or mitigating the liquidated damages. The method applied for this research was legal research methodology. This research has been carried out based on cases that are related to “time at large” and liquidated damages. The law cases were reported in Malayan Law Journal (MLJ) which was retrieved from Online Database LexisNexis. In achieving the objective of this research, seven cases have been chosen to be analyzed. Based on the finding of the analysis, there are a few number of circumstances at which “time at large” may be validly acceptable by the Courts in avoiding or mitigating the liquidated damages. Those circumstances are additional variations or extra works, late site possession, delay and disruption of the performance of works, failure to insist on strict compliance with the deadline of the contract, waiver and failure to grant an extension of time. The results show that the Contractor may use “time at large” to avoid or mitigate the imposition of liquidated damages claims from the Employer.
format Thesis
author Mustaffar Kamar, Nurul Iman
author_facet Mustaffar Kamar, Nurul Iman
author_sort Mustaffar Kamar, Nurul Iman
title Time at large: implication for liquidated damages
title_short Time at large: implication for liquidated damages
title_full Time at large: implication for liquidated damages
title_fullStr Time at large: implication for liquidated damages
title_full_unstemmed Time at large: implication for liquidated damages
title_sort time at large: implication for liquidated damages
publishDate 2017
url http://eprints.utm.my/id/eprint/78907/1/NurulImanMustaffarMFAB2017.pdf
http://eprints.utm.my/id/eprint/78907/
http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:106182
_version_ 1643658041737871360
score 13.211869

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