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Words: | Submitted: Mon Jun 19 2006
... end of January 2003, Opas insisted that the extension of time was not binding, and that it was entitled to rely immediately on clauses 11A and 11B, thereby recovering all its losses for the delay and the defective work. Its real reason for wanting to terminate the contract so suddenly was that its intended tenant had, for legitimate reasons, decided not to take the tenancy. Bigco insists that the negotiated extension of time is binding, that clauses 11A and 11B are void and unenforceable, and that in any event they will not cover problems caused by the sub-contractors. Advise Opas. In advising Opas I will identify the options that it has at its disposal, in order for it to achieve the most desirable outcome. Firstly it is important to consider what is the status of the month extension on the completion date that Opas negotiated It is unlikely that the courts would ...
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