Last Updated：2022/12/24
Most construction phase agreements and some pre-construction agreements contain a time is of the essence provision. If time is of the essence, a delay caused by the fault of the construction manager would constitute a breach of contract and could result in the construction manager's being liable for damages incurred by the owner as a result of the delay. If there is no time is of the essence provision, reasonableness will be the guide when measuring the timelines of the services provided by the construction manager.
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Most
construction
phase
agreements
and
some
pre-construction
agreements
contain
a
time
is
of
the
essence
provision.
If
time
is
of
the
essence,
a
delay
caused
by
the
fault
of
the
construction
manager
would
constitute
a
breach
of
contract
and
could
result
in
the
construction
manager's
being
liable
for
damages
incurred
by
the
owner
as
a
result
of
the
delay.
If
there
is
no
time
is
of
the
essence
provision,
reasonableness
will
be
the
guide
when
measuring
the
timelines
of
the
services
provided
by
the
construction
manager.
