FIDIC / Legal Reference: General common law principle
A situation that arises when an employer prevents the contractor from completing by the contractual Date for Completion without the contract providing a mechanism to extend that date to cover the prevention. When time is at large, the contractor’s obligation is to complete within a reasonable time — and the employer loses the right to Delay Damages.
What it means in practice
The prevention principle — that a party cannot take advantage of its own wrongful act — underpins the Time at Large doctrine. If the employer causes delay but the contract’s extension of time mechanism does not cover the event, the contractual completion date is displaced. The contractor’s obligation reverts to completing within a reasonable time.
Under FIDIC, Time at Large is relatively rare because the EOT provisions are broadly drafted and cover most employer-risk events. However, it can arise where the Engineer fails to grant an EOT that was clearly due, or where the employer instructs work that falls outside the Variation mechanism.
Where disputes arise
Contractors sometimes argue Time at Large as a secondary position in EOT claims — asserting that if the EOT was wrongly refused, time has been put at large and Delay Damages are not recoverable. This argument has been accepted by English courts and has been considered in UAE-seated arbitrations.
UAE Context
UAE Civil Code Article 247 provides that if one party prevents the other from performing, the preventing party cannot rely on the non-performance. This supports the Time at Large doctrine under UAE law, giving contractors an additional legal basis for the argument.
Related terms
Time at Large arguments can be decisive in disputes where Extensions of Time have been wrongly withheld. e-Basel provides specialist claims and expert witness advice on prevention and time at large.
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