Extension of Time in construction is a critical concept for contractors, developers, and project managers alike. In any construction project, even the most carefully planned schedules are susceptible to delays. These delays can arise from adverse weather, late or changing design information, supply chain disruptions, labour shortages, unforeseen ground conditions, or regulatory changes. While some delays are within a contractor’s control, many are not. To manage such risks fairly and systematically, construction contracts include a mechanism known as an Extension of Time, or EOT.
An EOT is far more than a technical contractual clause. It serves as a safeguard to ensure that contractors are not unfairly penalised for delays beyond their control while providing clients and employers with a clear and structured process to manage the impacts of project delays. When handled correctly, extension of time in construction supports strong commercial management, reduces the risk of disputes, and helps all parties maintain accountability and transparency.
What Is an Extension of Time in Construction?
An extension of time in construction allows for the contractual completion date of a project to be revised when delays occur due to valid, contractually recognised reasons. It serves as a protective measure for both contractors and employers by:
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Preventing automatic penalties – Contractors are not immediately liable for liquidated damages when delays are excusable.
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Providing a structured process – Contracts outline clear steps for notifying, submitting, and assessing claims for additional time.
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Maintaining transparency – A well-managed EOT ensures a clear record of project progress and delay responsibility.
Essentially, an EOT recognises that not all delays can be prevented or managed by contractors. By offering a fair mechanism to adjust completion dates, it ensures that both parties operate on equitable terms, reducing the potential for disputes and promoting collaboration.
Common Causes of EOT Claims
Extension of time in construction claims typically arise from events known as “Relevant Events” under JCT contracts or “Compensation Events” under NEC contracts. Some of the most common causes include:
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Adverse weather – Heavy rainfall, snow, high winds, or extreme temperatures can halt or slow construction work, especially outdoor activities such as concrete pouring or excavation.
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Late design information or client-initiated changes – Delays caused by updated drawings, specification changes, or delayed approvals.
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Unforeseen ground conditions – Unexpected obstacles like rock formations, contaminated soil, or hidden services can affect excavation or foundation work.
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Regulatory or statutory changes – New legislation or building codes introduced after contract signing that impact project delivery.
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Force majeure events – Unpredictable events such as pandemics, floods, or earthquakes that cannot be controlled.
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Delays in site access or instructions – When the employer or their representatives delay approvals, instructions, or access, the contractor cannot progress work as planned.
Early recognition, documentation, and reporting of these events are crucial for preserving entitlement to an EOT. Contractors should maintain detailed records of all occurrences and communications to ensure claims are substantiated.
The EOT Process
The procedure for claiming an extension of time in construction varies depending on the contract type but generally follows four key steps:
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Early Notification – Contractors must notify the Contract Administrator or Project Manager as soon as a delay becomes apparent. Timely notification is often a contractual requirement and preserves the contractor’s entitlement.
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Submission of Claim – A detailed claim is prepared, outlining the cause, expected duration, and impact of the delay. Supporting evidence such as site diaries, photographs, correspondence, and updated programmes are essential.
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Review and Assessment – The Employer’s representative evaluates the claim, considering the contract terms, records, and project progress. This step ensures that the EOT request is fair and justified.
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Decision and Adjustment – Approved claims result in a revised Completion Date. If the claim is rejected, contractors may seek dispute resolution through mediation, adjudication, or arbitration, depending on the contract provisions.
Timely communication, thorough documentation, and proactive management are critical throughout the EOT process. Failure to comply with contractual requirements can result in loss of entitlement or disputes over delay responsibility.
Best Practices for Managing EOTs
Effectively managing extension of time in construction requires a combination of planning, communication, and meticulous record-keeping. Key best practices include:
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Maintain detailed records – Site diaries, photographs, correspondence, and updated programmes form the backbone of substantiated EOT claims.
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Communicate transparently – Discuss potential delays with the client or project manager early to prevent surprises and maintain trust.
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Regularly update project programmes – Reflecting actual progress and any delays ensures that EOTs are identified and managed proactively.
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Consider independent review – For complex or disputed claims, a neutral assessment by an independent expert can provide fairness and reduce conflict.
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Train your team – Ensuring that all project personnel understand the importance of documentation and timely reporting supports successful EOT management.
By embedding these practices into daily project management, teams can handle extension of time in construction efficiently, protecting both project schedules and commercial outcomes.
Why EOTs Matter
Handled properly, an extension of time in construction is more than an administrative process. It is a fundamental tool that:
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Strengthens commercial management by protecting contractors from unfair penalties.
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Supports risk control by clearly allocating responsibility for delays.
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Reduces disputes by providing a documented and agreed process for assessing time extensions.
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Maintains legal and contractual compliance, ensuring fair and equitable outcomes for both parties.
EOTs ensure that projects remain on track, budgets are protected, and relationships between contractors, clients, and subcontractors remain professional and cooperative.
How Gray Quantity Surveyors Can Help
At Gray Quantity Surveyors, we specialise in helping contractors, developers, and subcontractors navigate the complexities of extension of time in construction. Our services include preparing robust submissions, reviewing entitlements under JCT or NEC contracts, and providing guidance on best practices to safeguard your project’s commercial position.
With decades of experience in construction and commercial management, our team ensures that EOTs are handled efficiently, transparently, and fairly. Protecting time and cost outcomes is our priority, so your project can proceed smoothly despite delays.
Efficiency. Professionalism. Excellence.
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