English

Phrase

time is of the essence

1. Time is an essential consideration (in regard to an action or response); haste is necessary.

   When transporting organs for transplant, time is of the essence.‎

   • 2002, Ronald Hammond, Practical Money Management & Wealth Creation for Youth and Young Adults, page 53,

     You must realize that time is of the essence in regards to your money management and wealth creation.

   • 2011, Kenneth M. Hargreaves, Steven R. Cohen (editors), Cohen's Pathways of the PULP, 10th Edition, page 426,

     Patients lack the expertise to promptly obtain critically time-dependent referrals. When time is of the essence, the clinician and staff must assume direct responsibility to assure the stat referral to a microsurgeon is promptly accomplished.

   • 2015, Gerard H. Gaynor, Decisions: An Engineering and Management Perspective, page 103,

     Time is of the essence is the mantra in business transactions. Fulfilling the mantra of time is of the essence, depends on the capability of making realistic time estimates of what it takes to complete a series of tasks regardless of their complexity and making appropriate decisions.

2. (law, in a contract) Failure to complete the required performance by the date certain set forth will constitute an incurable breach.
   • 2007, Paul H. Martinez, Rashida Y. V. MacMurray, Chapter 10: Construction Manager's Responsibilities: Pre-Design, Design and Pre-Construction Phase, Stephen A. Hess, Jerome V. Bales, P. Douglas Folk, L. Tyrone Holt (editors), Design Professional and Construction Manager Law, page 297,

     Most construction phase agreements and some pre-construction agreements contain a time is of the essence provision. If time is of the essence, a delay caused by the fault of the construction manager would constitute a breach of contract and could result in the construction manager's being liable for damages incurred by the owner as a result of the delay. If there is no time is of the essence provision, reasonableness will be the guide when measuring the timelines of the services provided by the construction manager.

   • 2010, John Adriaanse, Construction Contract Law: The Essentials, 3rd Edition, page 172,

     In a variety of contracts, the courts have held that the requirement that time is of the essence should be applied to the respective obligations of both parties (examples are between (a) buyer and seller, (b) ship owner and charterer, (c) purchaser and vendor, and (d) contractor and owner). Time is normally of the essence where: […] .

   • 2015, MacRoberts Solicitors, MacRoberts on Scottish Construction Contracts, John Wiley & Sons, 3rd Edition, page 142,

     If there is no express stipulation in the contract that time is of the essence, it can be made so by serving a notice fixing a specified time for completion.

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