What happens when an employer's own conduct prevents the contractor from meeting the contractual completion date? And what are the consequences when a contract has no effective mechanism to deal with acts of prevention? In the first episode of the Construction Law Shortcast, Xavier Milne and Noe Minamikata tackle two foundational principles of English construction law that anyone involved in construction projects needs to understand: the prevention principle and time at large.

These concepts have significant practical implications for the completion date, liquidated damages regime, and other contractual relief potentially available to the parties. A concise breakdown of two principles that neither employers nor contractors should overlook.

About the series

Construction law turns on a core body of principles that every lawyer, contract manager, and project stakeholder needs to understand. Whether a project is running smoothly or heading towards a dispute, a firm grasp of the fundamentals is essential.

The Construction Law Shortcast is a new podcast series from Herbert Smith Freehills Kramer's London Construction & Infrastructure Disputes Team, presented by Noe Minamikata and Xavier Milne, who unpack foundational concepts in bite-sized episodes. Series 1 focuses on the fundamental principles of English construction law relating to time: these include the prevention principle, time at large, delay, float, extensions of time and disruption.

Whether you are managing a live claim, negotiating a settlement, or stress-testing a contract before a project begins, the Construction Law Shortcast provides an easily digestible and accessible reference point.

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Key contacts

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Xavier Milne

Senior Associate (Australia), London

Noe Minamikata photo

Noe Minamikata

Knowledge Counsel, London

Xavier Milne Noe Minamikata