Time for Contractor’s Performance

The time in which the contractor must complete his work on a project is normally stated in the construction contract. However, not all contracts express the timeframe the same way. For instance, some contracts may require the contractor to complete his performance in a specified number of calendar days from the date of commencement while others require completion in a given number of working days. What constitutes a “working” day is defined by the parties in their contract. Normally, a “working” day is a weekday; Saturdays, Sundays, and holidays are excluded. Further, the parties may stipulate that those days in which the contractor cannot perform work through no fault of his own are not to be considered “working” days. If the parties' contract fails to identify the time in which performance is to be completed, courts will supply a “reasonable” time for performance.

Identification of the time in which the contractor is allotted for performance can raise the question of whether the owner warrants that the contractor's work can, in fact, be completed within such timeframe. Though held not to constitute an express warranty, the representation could impliedly convey that the owner finds such timeframe to be reasonable for the accomplishment of the task.

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