Christmas time is almost here and many people are now looking
forward to 2017. As such, many developers become complacent about
their contract management, with potentially disastrous
consequences. In that regard we note that some standard contracts
deem payment to be due and owing1 (or admitted in the
case of extension of time claim2) if claims are not
responded to within a defined contractual timeframe.
In order to avoid problems, now is the time to perform a triage
on your projects in order that you don't stub your toe this
festive season.
First, carefully review your contracts to ensure that you know
when you should be receiving claims from your contractors and, more
importantly, how long you (or possibly the superintendent or
principal's representative) will have to respond to claims. In
undertaking that review, pay careful attention to the definition/s
of 'day' and 'business day' contained in the
contract. Whilst the amendment to the definition of