Answer to Question 1
Where calendar days are concerned, the strongest inherent advantage is that
there is little chance of confusion as the definition of calendar is essentially universal.
Where contractors are concerned, calendar days may pose a disadvantage when weather
precludes the accomplishment of work. Owners may be reluctant to grant time
extensions.
An inherent disadvantage of using working days is that the definition of working days
can vary. It must be clearly defined in the contract or a dispute may readily occur. Some
owners will count all days that are worked as working days. This can playa hardship on a
contractor if an attempt is made to make up time or to get ahead of schedule. Any
weekends that are then worked will be counted as working days. An advantage of
scheduling with working days, especially for the contractor, is that there tends to be a
fairer allocation of time for project performance.
Answer to Question 2
The contractor can terminate a contract when the owner fails to make payments
to the contractor that have been earned and are due. This is the only universal reason for
which the contractor can terminate the contract. Another reason for termination by the
contractor would include a condition whereby the construction effort is stopped for a
stipulated period of time by a court or other public authority.
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