Planning and delay analysis | 07 May 2024
What is an extension of time?
An extension of time (EOT) is a formal adjustment to the contractual completion date. It is a mechanism that allows the contractor to request additional time to complete the construction work beyond the original agreed-upon deadline. The need for an extension of time may arise due to various factors that are recognized as legitimate grounds for delaying the project.
Key points regarding extensions of time in construction contracts include:
- Contractual Provision:
The contract typically includes specific provisions regarding the circumstances under which a contractor is entitled to request an extension of time. Commonly recognized events include unforeseen site conditions, adverse weather, delays caused by the employer, or other events beyond the contractor's control. - Contractual Notice Requirements:
Construction contracts often require the contractor to provide formal notice to the employer or contract administrator when they encounter circumstances that may entitle them to an extension of time. Failure to comply with notice requirements may affect the contractor's ability to claim an extension. - Evaluation and Approval:
Depending on the contract, the employer, contract administrator, or an appointed party is responsible for evaluating the contractor's request for an extension of time. They assess the validity of the claim, considering whether the delay is attributable to events covered by the contract. - Impact on Contract Completion Date:
If an extension of time is granted, the original contract completion date is adjusted accordingly. The extension allows the contractor to continue the work without facing penalties or liquidated damages for delays that are beyond their control. - Concurrent Delays:
In situations where multiple events contribute to project delays, including delays caused by both the contractor and the employer, the concept of concurrent delays may come into play. Concurrent delays involve events for which both parties share responsibility, and the contract may specify how such situations are to be addressed. In practice, time concurrent delay is a very rare occurrence. - Compensation for Time-Related Costs:
While an extension of time addresses the time aspect of a delay, it may not necessarily cover additional costs incurred by the contractor due to the delay. If the delay results in additional costs, the contractor may need to seek compensation through other contractual mechanisms.
Extensions of time are a standard mechanism in construction contracts to address delays caused by unforeseen events or circumstances beyond the control of the contractor. They help ensure a fair and reasonable approach to managing project timelines and completion dates.
