What is the due date?
In reviewing contracts, court deadlines, and other time-driven factors, we get many questions related to how the time is calculated for purposes of a response or deadline.
Typically, when counting days, day 1 is the day after the date listed (like we learned in math class). Therefore, if the “Effective Date” of a contract is August 29, 2018, and the buyer has 15 days to do his inspection, day 1 for purposes of that time period is August 30. Day 15 for purposes of that time period is Thursday, September 13, 2018. If the deadline falls on a weekend or legal holiday, it is extended to the next business day. So a deadline that falls on Saturday, September 1, is extended until Tuesday, September 4 (because September 3, 2018, is the Labor Day holiday (which is a recognized legal holiday under Federal and Florida law).
Another confusing factor is “business” days versus “calendar” days. Business days are every day of the week except Saturday, Sunday and legal holidays. Calendar days are every day. So in the example above – August 29 to September 13 is correctly 15 days IF we are using calendar days. If we are using business days, then the 15 day deadline is Thursday, Sept. 20, 2018, because we do not include Saturdays, Sundays or Labor Day.
When reviewing a contract, or responding to a court deadline, or any other time-driven factor, you need to be aware of whether the calculation is based on business days or calendar days, and then when is the end date. Of course, if you have a deadline that falls on a Saturday, Sunday or legal holiday, there is nothing wrong with complying early (on the Friday before the deadline for example). If you are dealing with a Court Order, this analysis becomes very important so you don’t give up or waive any rights.
One thing that we do for our clients when reviewing a commercial contract, or a Court proceeding is write down all of the relevant dates and deadlines, so we can calculate any time-driven elements up front and at the beginning. Of course, this is a very fact-driven analysis, so it could be different for any scenario.
If you have questions about contracts, litigation deadlines, or other time-driven calculations, please contact us to schedule a free initial consultation to discuss your options at 727-261-0224 or email me directly at shawn@yesnerlaw.com. Please also subscribe to the Crushing Debt Podcast, on Apple Podcasts, Spotify, and other podcast players, including Amazon Echo (“Alexa”) for more free information about these topics.
Shawn M. Yesner, Esq., is the host of the Crushing Debt Podcast and founder of Yesner Law, P.L., a Clearwater-based boutique real estate and consumer law firm that helps clients eliminate the financial bullies in their lives. We assist clients with asset protection, the sale and purchase of real property, Chapter 7 liquidation, Chapter 13 reorganization, bankruptcy, foreclosure defense, debt settlement, landlord/tenant issues, short sales, and loan modifications in Clearwater, Tampa, Westchase, Odessa, Oldsmar, Palm Harbor, Pinellas Park, Largo, St. Petersburg, and throughout the greater Tampa Bay area.
