Extension of Time

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When the completion of construction works are delayed, the Contract Administrator amends the contractual completion date. “Extension of Time” (EOT) is a process included in construction contracts that allow for an agreed amount of additional time to complete the construction. 

 

Assessing claims for EOT can be complicated and controversial. There are controlled and uncontrolled reasons from various parties that can cause a delay during construction. EOT process and claims must be written clearly in the contract allowing to perform risk management, protecting both the contractor and the client.

 

The Contract Administrator must perform their duties fairly, ensuring their decision does not lead to a procedure of dispute resolution and create an adversarial environment.

Typical Routes that apply for EOT:

  • Delay in Completion Date + Client claims Liquidated Damages

  • Delay in Completion Date + Awarded Extension of Time + Architect’s fault to the EOT

  • Building fails (within rectification period or not) + Client complains on Contractor’s poor workmanship + Client complains of Architect’s negligence design.

  • Delay in Completion Date + Contractor claims on additional work and delays caused by the client + Client refused to pay since the building has failed (and caused damage on goods)

  • No form of appointment + Client instruct variation + refused to pay the architect

  • Project failed in building regulations, additional work has to be done, the client does not want to pay extra fees.

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