Engineering in Practice

Events and Activities

Legal Series Three - Technical Seminar on Extension of Time

Date, time & venue 
2006-01-14;;

By Miss Candy Y S LI 
On 14 January 2006, a technical seminar entitled Legal Series Three: Extension of Time was jointly organised by the CPD Committee and the CV Division. There was an overwhelming number of members taking part in the event. In the talk, the speaker, Ir Bevis Mak, introduced to the audience the basic concepts and different methods of assessing extension of time.

Ir Mak started the talk by emphasising three essential skills of a good contract administrator laid down in the case Royal Brompton v Watkins Gray International (2000): possessing up-to-date construction knowledge, being competent in programming of works, and having contractual awareness. The speaker then went on to compare the wordings and ingredients of EOT clauses in various commonly-used conditions of contract. The audience's attention was also drawn to the common features and differences of these clauses. Afterwards, Ir Mak illustrated with a number of interesting overseas and local leading cases to explain the common law backgrounds on EOT and liquidated damages. Generally speaking, to have an enforceable time bar in granting EOT, there should be a clause specifying the time limit for serving notice, as well as a reference to the loss of right to EOT if such condition was not complied with. Regarding the assessment of EOT, the speaker stressed that no reduction of time would be awarded as the term "extension of time" revealed, though the assessor was entitled to take into account the effect of any omission or substantial decrease of work according to the General Conditions of Contract before granting. With some practical examples, the logic behind different methods of working out the critical path among a set of activities was also explained. Lastly, Ir Mak shared with us his tips on critical path assessment and the golden principle of "fair and reasonable".

The seminar ended with a question-and-answer session which provided a chance of experience sharing between the speaker and the audience. Finally, Ir George Cheng, Chairman of the seminar, proposed a vote of thanks to the speaker; and Ir Arthur Yung of CV Division presented a souvenir to Ir Mak for his comprehensive and interesting talk
 

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