• 11 minutes

Time Is of the Essence Clauses


Gain a better understanding of “time is of the essence” clauses.

“Time is of the essence” refers to a contractual position in which, if the subcontractor fails to complete its obligations by a specified date, then the contractor can treat the contract as terminated. Setting a completion date is not sufficient to make time of the essence. This video reviews indications of this type of clause and discusses when delayed performance will likely result in a material breach of the subcontract.

Runtime: 10 minutes



Lisa Lombardo

Lisa Lombardo

Gibbons P.C.

  • Director in the Gibbons P.C. Commercial & Criminal Litigation Department and Construction Team Leader
  • Has successfully litigated matters before the state and federal courts of New Jersey and New York, as well as the American Arbitration Association, with a focus on construction matters
  • Her experience in commercial litigation and construction litigation is unique in that she represents both plaintiffs and defendants
  • Served as co-lead counsel in a three-year-long arbitration representing a major university in a claim involving extensive and complex design and construction defects, which resulted in a multimillion-dollar award in our client’s favor and the arbitrator striking down a limitation of liability clause
  • Experience drafting and negotiating contracts, and regularly works with owners, contractors, subcontractors, and designers on contracts for projects involving academic centers, public schools, laboratory facilities, office buildings, energy facilities, public/private projects, and building additions of varying sizes
  • On the American Arbitration Association Panel of Construction Arbitrators, a member of the Roster of Mediators, and the New Jersey Superior Court Roster of Mediators, where she has mediated a variety of civil matters
  • Can be contacted at [email protected] or 973-596-4500 ext. 4481
Meghal Shah

Meghal Shah

Gibbons P.C.

  • Associate in the Gibbons P.C. Commercial & Criminal Litigation Department
  • Has assisted in briefing and preparing presentation, slides and materials to a Dispute Resolution Board regarding complex construction delay claims and has experience in drafting arbitration submissions regarding type 1 and type 2 differing site conditions
  • She has also assisted with drafting project-specific construction agreements
  • Completed a judicial clerkship at the Supreme Court of New Jersey for the Honorable Anne M. Patterson
  • Can be contacted at 973-596-4717 or [email protected]

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