Cases - Walter Lawrence v Commercial Union Properties

Record details

Name

Walter Lawrence v Commercial Union Properties

Date

(1984)

Citation

4 Con LR 37

Keywords

Construction claim - time for completion - JCT standard form 1963 edition - extension of time - exceptionally inclement weather - time of assessment - assessment at time when works are actually carried out

Summary

This case concerned the 1963 JCT Standard Form of contract and the contractor's claim under the same for an extension of time as a result of 'exceptionally inclement weather'.

HHJ Hawser QC held that the effect of the 'exceptionally inclement weather' on the progress of the works is to be assessed at the time when the works are actually carried out, not when they were supposed to be carried out under the construction programme. In other words, when considering a claim for an extension of time arising out of bad weather, the contract administrator (in this case the architect) was not entitled to dismiss the claim simply by stating that the affected works should have been carried out earlier.