INTRODUCTION
There is a legal principle used by those dealing in practice with construction contracts, that where a construction project is not completed by the agreed completion date, but as a result of something happening which was within the responsibility of the employer, then the contractor is not bound to complete by that date. They have been prevented from doing so. Instead, the obligation becomes one to complete within a reasonable time; time is ‘at large’. There has been significant discussion of this ‘prevention principle’ among construction lawyers …
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David S Christie, ‘“LADS! LADS! LADS!”: examining the interaction between the construction law “prevention principle” and liquidated damages’ [2024] Juridical Review (1) 27-37.
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