The rise and rise of time-bar clauses*

Time-bar clauses are becoming popular. This paper examines the express time-bar clauses in the FIDIC and NEC3 standard forms of contract and considers whether such clauses are enforceable under English Law. The paper examines the jurisprudential conflict between such clauses and the so-called English Law concept of the ‘prevention principle’. The paper concludes that the ‘real issue’ is not, in fact, the tension between the time-bar clause and the prevention principle but one between the time-bar clause and the ‘freedom of contract’ doctrine. This jurisprudential analysis is supported by a body of (English; Scottish and International) case law.