A principal who directs a subcontractor to perform significant variation works after the Date for Practical Completion is obliged to exercise a discretionary extension of time power (such as cl 41.9 of AS4303-1995) honestly and fairly having regard to the prevention principle. A claim for liquidated damages for the full period of delay in such circumstances may be rejected as totally inconsistent and unreasonable. In SOP Act adjudications, the content of procedural fairness is informed by the expeditious and interim nature of the process, and an adjudicator does not deny procedural fairness by determining a matter on a basis that was squarely raised on the materials before the adjudicator, even if neither party expressly articulated the legal principle underpinning the determination.
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