Quantum Meruit Project Management Ltd

01/03/2025

Entitlement to Time-related Costs when an EoT is not granted
Determining Entitlement to an extension, and being bound to grant an extension, are separate matters. A Variation with critical path delay effects can be valued inclusive of Time-related Cost, irrespective and independent of the granting or awarding of an extension of time.
https://www.nzbe.co.nz/post/entitlement-to-time-related-costs-when-an-eot-is-not-granted

07/02/2025

Advance Notice (Early Warning) Default by the Principal. The prevention principle prevents a party, in the absence of clear terms to the contrary, from taking advantage of its own wrong. Does anyone believe a Contractor would fail to submit a fully compliant Notice of Extension of Time, for a ‘Material’ Delay Cost matter, if they received a Direction labelled a Variation with Time implications, from the Principal?
https://www.nzbe.co.nz/post/advance-notice-early-warning-default-by-the-principal

Since 2013, NZS3910 has made 5.21 Advance Notice or 6.10 Early Warning, popular for judging whether a ‘material’ Variation or Extension of Time claim, validly noticed as a Variation or Extension of Time claim, was also noticed by the contractor “as soon as they become aware of it”. Inevitabl...