[PDF][PDF] Time Provisions in State Highway Construction Contracts

J Hinze, B Coleman - Transportation Research Record, 1991 - onlinepubs.trb.org
J Hinze, B Coleman
Transportation Research Record, 1991onlinepubs.trb.org
The importance of time on construction projects is often stressed in the contracts. It is
understood that most projects will have a stipulated contract duration during which all
construction work is to be completed. The inclusion of time in construction contracts goes
well beyond the contract duration; many other provisions also include time, for example, time
to provide notification or time to respond. The general conditions provisions and typical
supplementary provisions of all state highway agencies were examined and compared on …
The importance of time on construction projects is often stressed in the contracts. It is understood that most projects will have a stipulated contract duration during which all construction work is to be completed. The inclusion of time in construction contracts goes well beyond the contract duration; many other provisions also include time, for example, time to provide notification or time to respond. The general conditions provisions and typical supplementary provisions of all state highway agencies were examined and compared on the basis of how time was addressed in the various provisions. The results show that although considerable congruity exists between the state highway agency provisions, not one provision was found to be identical in all states. Some provisions were unique to a single agency.
Time is an integral component of virtually every major construction project. The importance is often specifically stated in the contract. Furthermore, the time in which the construction work is to be completed is typically given with a stipulated sum of money to be forfeited for each day that the project duration extends beyond the contracted completion date. The inclusion of time in construction contract provisions, however, extends far beyond simply including a provision defining the contract duration. Many provisions in construction contracts will address such issues as notice to proceed, payments, differing site provisions, severe weather, disputes, and changes. These matters seemingly have little to do with time as the primary issue; however, time is almost invariably included in all these provisions. For example, the time components of these provisions may lie in the amount of time that the contractor has in which to give notification or to respond to the owner. Failure to satisfy the provisions in the allotted time frame may preclude the contractor from successfully seeking recovery under the provision.
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