Cases - Amalgamated Building Contractors Ltd v Waltham Holy Cross UDC

Record details

Name

Amalgamated Building Contractors Ltd v Waltham Holy Cross UDC

Date

(1952)

Citation

2 All England 452 at 455.

Keywords

Construction claim - time for completion - extension of time - discretion - retrospective extension of time

Summary

The claimants were engaged to construct houses pursuant to a standard form of contract issued by RIBA and the National Federation of Building Trades Employers. Building works fell into substantial delay, largely as a result of the contractors' difficulty in procuring labour and materials, which was a contractual ground for an extension of time, which was duly applied for.

The architect did not consider the contractor's claim until after completion of the building works. The contractors claimed that the architect's contractual power to make a 'fair and reasonable extension of time for completion of the works' meant that the architect must exercise this discretion timeously, i.e. so as to give the contractors a date at which they could aim at to complete the works. In other words, the contractors claimed that the power to issue an extension of time could not be exercised retrospectively.

Lord Justice Denning (as he then was) rejected this contention, holding that there was nothing wrong in awarding a retrospective extension of time. It was always open to the contractor to seek relief through arbitration if it was dissatisfied at the architect's dilatory conduct in considering a claim for an extension of time and/or issuing a certificate.