If the termination requirement is considered mandatory and not just a directory, the holder may have difficulty fulfilling a right to EOT or L&E if he does not meet the termination obligation. Conversely, if interpreted as a repository, non-compliance with the mentioned notification obligation cannot be the end of the journey for the contractor and the contractor can still successfully apply for EOT or L&E. The general idea of the principle of prevention is that, where the employer has significantly delayed the progress of the work and the contract does not include a mechanism for a contractor to apply for EOT, the overall performance period is automatically set and the contractor is granted a reasonable period of time for the completion of the work. One should not be too strict in interpreting the written requirement for termination, unless what is clearly defined in the contract due to termination. The parties may not have published written communications, as expressly provided for in the contract, but there may be another form of simultaneous document to illustrate a party`s intention to claim EOT and L&E. In addition, contractors are not contractually obliged to make an offer for the project and do not undertake to execute the aforementioned standard form contracts if they do not agree with the conditions. At the end of the day, this is good contract management, where the contract manager or project manager should be vigilant in all time-based communications. While I`ve shown in this article that there may be ways to get around termination requirements, these are just damage limitations or pan-canadian solutions to problems that don`t need to appear from the get-go. While the law provides for an idealistic construction practice that envisions an effective paper track, the construction industry is generally in chaos, as it is very easy to ignore claims amidst a mass of ongoing claims and discussions. As a general rule, there are correspondence, location reports, minutes of meetings, technical minutes that clearly indicate or indicate that a party intends to use either EOT or L&E, as a result of certain dilatory events provided for in the contract. Although they may not be available in the specific form prescribed by the treaty, courts may nevertheless be very willing to infer that such a simultaneous document can only fulfill the obligation of termination. .