The second assumption is that the work will be carried out within reasonable time. This assumption is only valid if timeframe has not been agreed as part of the contract. Once reasonable time has elapsed you would not be entitled to terminate the contract, but you would be able to give reasonable notice, providing a deadline at some point in the future and thereby making time ‘of the essence’. If the supplier then fails to meet that deadline, you would be entitled to terminate the contract. If the timeframe was expressly agreed by both parties, then obviously the ‘reasonable time’ assumption need not apply, because you have already made time of the essence and can automatically move to terminate the contract if the deadline is broken. In any case you would always be advised to specify a date for performance and make clear in the contract that ‘time is of the essence’.
- He was a complete cowboy!
- It cost me a fortune!
- The price was significantly higher than the estimate
- The job was done as a ‘foreigner’. Do I have any rights?
- How much can I claim in damages?