Quantum Meruit vs. Breach of Contract: Choosing the Right Remedy in Construction Disputes
In construction disputes, selecting the appropriate legal remedy can make a significant difference in the outcome. Quantum meruit is
Behind schedule but there is so much construction work to do? If the delay is not your fault, you can request an extension of time in accordance with your construction contract.
Consult with our Construction Lawyer in Melbourne now to learn more how. First Consult is FREE.
Delays and other unforeseen circumstances can always happen in the construction site. There are a lot of factors that can happen during construction that can lead to delay. For these instances, you could request an extension of time in your contracts.
Making a formal request for an extension of time is a way to have an additional time period to make up for losses due to the delay. Respective construction laws permit such requests for numerous valid reasons. The process for requesting extension of time also depends on your contract’s clauses regarding time frames.
The important thing is, you must inform the other contracting parties about your time extension request. Otherwise, this could be grounds for a contract dispute.
Some acceptable grounds for requesting an extension of time would be:
You must be able to prove that you have been carrying out work diligently as a contractor of the project. You must be prepared to show sufficient documents and other evidence that the delay was caused by external factors.
Time clauses in construction contracts differ from contract to contract. The contract time clauses can refer to either the whole duration of the contract or in the duration of each project milestone.
Different types of contracts have different time clauses which include:
Also known as a fixed-price lump sum contract, this is a type of contract with a fixed contract price and time. While the details of the contract should be fixed even before construction, you can still add variations to it.
This is a type of contract that is used for projects with anticipated costs but can’t be foreseen at the start of the project. The client reimburses the expenses in the contract along with an additional profit margin during the end of the contract.
If there are contract terms in your projects that could benefit from a custom-made contract such as bespoke projects, it is better to talk it through your construction lawyer first to make it suit your best interest.
If there are contract terms in your projects that could benefit from a custom-made contract such as bespoke projects, it is better to talk it through your construction lawyer first to make it suit your best interest.
You can file a request of extension of time addressed to your head contractor. You must submit this request to your contract administrator, and let the builder and client decide.
If they deem your reason valid, you can proceed on working on this extended time period and make up for delays.
Requesting an extension of time in a construction project starts through writing a letter of request attached with supporting documents. Your letter must contain the number of additional days you would need to work on the delay. It must include details such as:
Don’t forget to attach the supporting documents that can strengthen your request to extend the time and continue work. Your client and the project manager have the decision of whether to accept your request or not.
Contracts Specialist’s construction lawyers in Melbourne can help you communicate sudden turn of events or other changes in your construction contract. Whether it is informing your builder with time or money changes, you can only get expert legal advice on your EOT and contracts.
We can help you get through the legal process needed to enforce your rights properly. We can also give assistance on how to draft your extension of time request letter properly so you will be given extra time to work on the project without going through a contract dispute.
Download Sample Extension of Time Template.
Schedule a consultation now and enforce your rights. Your first consult is FREE.
In construction disputes, selecting the appropriate legal remedy can make a significant difference in the outcome. Quantum meruit is
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