FREQUENTLY ASKED QUESTIONS

Time Unbarred is the civil and construction industry’s automated solution to the problem of time-bars.

Time-bars (as the civil and construction industry calls them) or conditions precedent (as lawyers call them) are time limits under construction contracts for putting in the paperwork that gets contractors paid and protects them from liability for delay damages when things change on a construction project as they constantly do.

Basically, there are three kinds of time-barred paperwork for civil and construction contractors:

1. Notifications;
2. Notification updates; and
3. Claims

Before the relevant time bar expires, this paperwork must go to the owner or contractor that engaged you to do work on a site.

It is safest to put in paperwork for any event that:

a. may delay your civil or construction work;
b. may result in your crew, plant or equipment being stood down at your expense; and/or
c. may change the scope and cost of your civil or construction work.

Do not wait until any of these events actually causes delay or extra work. As soon as it looks as if an event has happened that could possibly cause delay or extra work, use Time Unbarred to put in your paperwork immediately.

Technically, only certain causes of delay, usually called qualifying causes of delay, need to be notified under civil and construction contracts. However, there is no one-size-fits-all for what a qualifying cause of delay actually is. Instead, this is defined differently from one contract to the next and the definitions are often complex and confusing. That is why it is safest to notify of, and claim for, anything that delays or disrupts your civil or construction work or changes its scope as soon as soon as you become aware of it.

YES. It does not matter what or how much your employer knows or you think they know. You may not be entitled to an extension of time or a contract variation if you do not provide the required notifications, notification updates and claims within the relevant time-bars. This applies, without exceptions, under virtually all construction contracts in Australia and around the World.

It doesn’t. Rather, Time Unbarred will prompt you to notify of any change or delay to your civil or construction work every 48 hours. That way, unless you have unwisely agreed to time-bars of less than 48 hours, you will be protected from time-barring. If you are unsure if your civil or construction contract contains time-bars of less than 48 hours, you should seek legal advice without delay –

Daniel Morris | LinkedIn

There is nothing wrong with income protection insurance per se. But no insurance policy can protect you from the effects of a missed time-bar. This is because income protection insurance will only cover you if you are not paid what you are owed. The trouble with missing a time-bar under a civil or construction contract is:

1. 1. if your work scope has changed, missing your time-bar may mean that you are owed nothing for any extra work; and
   2. if your work was delayed, even if it was beyond your control, missing your time-bar may create an uninsurable liability to pay liquidated damages or delay damages. It may also prevent you from passing on the cost of standing down your crew, plant and equipment until the effects of a disruptive event that you did not cause (like a cyclone or a storm) have abated.

Great! You’re almost set. All you do now is answer a few simple questions and hey presto! You are the proud owner of a completed, ready-to-submit notification, notification update and/or claim letter.

Well, not quite. Most civil and construction contracts also require:

1. 1. the notification or claim to be accompanied by supporting documents;
   2. notifications to be updated regularly;
   3. claims to be made in relation to notified events; and
   4. further notices to be given if claims are disputed.

Absolutely! Time Unbarred does not just turn a few simple questions into the letter you need in order to secure your right to be paid and keep what your work is worth, on time, every time. Time Unbarred also:

1. 1. provides a check-list (within the wording of the letter itself) of the supporting documents that you should consider submitting with that letter;
   2. stores and organises certain critical information about every notification and claim that you generate in a smart, searchable away, both within each project database and across your entire project portfolio, to help with things like project analysis, planning and dispute resolution;
   3. generates updates to all notified events, with weekly reminders (that you can choose to turn off – and then back on again!);
   4. generates weekly reminders to make claims in relation to all notified events, if you haven’t already (you can turn these off and on again too!);
   5. stores the details of every project in your portfolio – then prepopulates these into your questionnaires and letters to save you even more time, money and hassle;
   6. automatically checks in with you to see if your claims have been approved or rejected (or a bit of both);
   7. auto-updates your project details whenever claims have been approved, so that pre-populated info is never out-of-date; and
   8. raises notices of dispute whenever claims have been fully or partly rejected, to protect your right to dispute that decision (which is also time-barred, would you believe!); and
   9. guides you every step of the way with tool tips that pop up when you hover your mouse over the icon.

No, your rights under a civil or construction contract are not guaranteed to change every single time you use Time Unbarred. Nor is Time Unbarred intended as a substitute for legal services. Rather, Time Unbarred offers users protection against losing their right to be paid and keep what their work is worth, on time, every time, because of a missed time-bar. You may still need a lawyer to recover or exercise your rights under a civil or construction contract, even after using Time Unbarred. But using Time Unbarred will preserve those rights from being time-barred, so that they still exist when the time comes for you to recover or exercise them (with help from your lawyer).

Not at all! Subscribe to our newsletter to stay up-to-date as Time Unbarred continues to roll out exciting new features!

It’s easy! Just follow the link to the subscription page and never miss a time-bar again!