By the Business Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

Can “time is of the essence” be waived?

Yes. The parties may extend the time for performance by agreement. The parties can orally agree to waive the clause if the waiver is done prior to the expiration of the written contract. Waiver can be accomplished by the actions of the parties. That is, the circumstances and the dealings between the parties may show that the time is of the essence clause has been waived and the parties can be estopped from claiming damages as a result of failure of timely performance.

Call Garg and Associates today at 281-362-2865 or complete our Contact Form and let us assist you with your business law services and litigation needs.