I’m not a lawyer and I don’t pretend to be. I
learnt a long time ago that claim practitioners should leave the interpretation of the law to the lawyers and avoid peppering correspondence and reports with legalese. That said, it’s still incumbent on each of us to understand the terms we use and what they actually mean. If in doubt, talk to your lawyer.
What is “time at large”?
Under English common law, “time at large” arises where the contractual mechanism for setting or extending the completion date has broken down. In that situation, the contractor is no longer bound to a fixed date but instead must complete within a “reasonable time.” The employer, in turn, loses the right to impose liquidated damages.
Two classic pathways are recognised:
- No EoT mechanism at all. Rare in modern contracts.
- Failure to operate the mechanism. Even where an extension clause exists, if the certifier refuses to use it or ignores claims, English law analysis suggests the employer may forfeit its right to rely on the completion date.
This was highlighted not only in case law but also in FIDIC’s more recent 2017/2022 Contracts Guide, which stresses the Engineer’s duty to operate the EoT provisions fairly and promptly. The warning remains: if the machinery is not run properly, the employer risks undermining its ability to enforce liquidated damages – at least under English law.
How is “time at large” misused in Middle East claims?
On Middle East projects, “time at large” regularly finds its way into correspondence and claim narratives, especially when:
- Extension of time submissions are ignored.
- The Engineer misses decision deadlines.
- Variations or instructions come late, with no extension granted.
At this stage the contractor is usually not aiming to “win a doctrine” but simply to reset expectations: first to finish within a reasonable time rather than a fixed date, and ultimately to resist or escape liquidated damages. For the claim practitioner, “time at large” can sound like a neat argument to achieve that.
The problem is that most Middle Eastern contracts are governed by civil codes that do not recognise “time at large” as a legal concept. Relief is instead granted under principles of fairness, prevention, or abuse of rights. By the time a matter reaches arbitration or court, lawyers will almost certainly steer away from “time at large” and frame the claim differently.
The live-contract trap
The more common misuse is during the life of the project. Practitioners drop “time at large” into letters as if it automatically wipes away liquidated damages. It doesn’t. A stronger approach is to:
- Keep claims tied to the EoT clause.
- Document carefully when the Engineer has failed to act.
- Emphasise that liquidated damages cannot properly be applied until the extension entitlement is dealt with.
That line of argument is clearer and has more traction with decision makers than trying to import “time at large” into a jurisdiction where it does not apply.
Why it lingers
Three reasons keep it alive:
- Training and habit. Many claim practitioners in the Gulf come from common law backgrounds or been trained at Universities in these jurisdictions.
- Convenient shorthand. It feels like an easy way to say “the employer can’t have it both ways.”
- FIDIC commentary. Guidance notes flag the risk of a broken EoT process, which under English law links directly to “time at large.”
But practitioners need to remember: FIDIC guidance is universal, while its legal effect depends entirely on governing law.
Conclusion
In Middle East projects, “time at large” is more often a claim-stage slogan than a reality. Contractors invoke it when extensions are ignored, seeking first the freedom to finish within a reasonable time and ultimately relief from liquidated damages. But outside of English law, the concept doesn’t stick.
For contractors, the smarter path is to ground claims in the contract and keep the record straight. For employers, the lesson is to run the extension machinery properly; ignoring claims only strengthens the contractor’s hand.
And finally, remember: many energy sector projects in the region are still let under English law. If you work on those, you do need to keep up to speed on the meaning and interpretation of doctrines like “time at large.” If in doubt – always take legal advice.
davidbrodiestedman@dispute-iq.com
