Extension of time EOT in construction contracts - Revision history

Designing Buildings at 07:13, 28 August 2026

2026-08-28T07:13:40Z

← Older revision		Revision as of 07:13, 28 August 2026
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−	[[~~File:Clock.jpg\|link=~~File:Clock.jpg]]	+	[[File:Clock.jpg]]

	= What is an extension of time? =		= What is an extension of time? =
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	Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT).		Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT).

−	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the ~~contractor’s~~ fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time, and the client would lose any right to liquidated damages.	+	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractor's fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time, and the client would lose any right to liquidated damages.

	= How is an extension of time granted? =		= How is an extension of time granted? =
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	* Failure of the client or their consultants to provide information.		* Failure of the client or their consultants to provide information.
	* Delay on the part of a nominated sub-contractor.		* Delay on the part of a nominated sub-contractor.
−	* Statutory ~~undertaker’s~~ work.	+	* Statutory undertaker's work.
	* A delay in giving the contractor possession of the site.		* A delay in giving the contractor possession of the site.
	* Force majeure (such as an epidemic or an 'act of God').		* Force majeure (such as an epidemic or an 'act of God').
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	Assessing claims for an extension of time can be complicated and controversial. There may be multiple or concurrent delays, some of which are the contractor's fault and some not. There are many occasions where contractors contribute to delay themselves by their performance during design periods, when producing drawings, mock ups and samples or in interfacing with sub-contractors.		Assessing claims for an extension of time can be complicated and controversial. There may be multiple or concurrent delays, some of which are the contractor's fault and some not. There are many occasions where contractors contribute to delay themselves by their performance during design periods, when producing drawings, mock ups and samples or in interfacing with sub-contractors.
		+
		+	In North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744, the Court of Appeal confirmed that parties are free to agree contract clauses which exclude any entitlement to an extension of time where a contractor-caused delay occurs concurrently with a relevant event, and that such clauses do not offend the prevention principle. This means the specific wording of the extension of time provisions in a contract needs to be checked carefully, as they may displace the more general common law approach to concurrent delay.

	Crucial in assessing applications for extension of time is the quality of the information provided and records available. For more information, see How to prepare a claim for an extension of time.		Crucial in assessing applications for extension of time is the quality of the information provided and records available. For more information, see How to prepare a claim for an extension of time.
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	The contract administrator may review extensions of time after practical completion and further adjust the completion date.		The contract administrator may review extensions of time after practical completion and further adjust the completion date.

−	Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.	+	Claims for extension of time can run alongside claims for loss and expense (relevant matters); however, one need not necessarily lead to the other.

−	It is very important when deducting liquidated damages to ensure that the correct contractual procedures are adhered to. In the case of ~~[[Octoesse_LLP_v_Trak_Special_Projects_Ltd\|~~Octoesse LLP v Trak Special Projects Ltd]] [2016], Justice Jefford held that Octoesse was not entitled to deduct liquidated damages as they had agreed to an extension of time after a certificate of non completion had been issued. The JCT Intermediate Building Contract is constructed such that:	+	It is very important when deducting liquidated damages to ensure that the correct contractual procedures are adhered to. In the case of Octoesse LLP v Trak Special Projects Ltd [2016], Justice Jefford held that Octoesse was not entitled to deduct liquidated damages as they had agreed to an extension of time after a certificate of non completion had been issued. The JCT Intermediate Building Contract is constructed such that:

	'If the Contractor fails to complete the Works or a Section by the relevant Completion Date, the Architect/Contract administrator shall issue a certificate to that effect. If an extension of time is made after the issue of such certificate, the extension shall cancel that certificate and the Architect/Contract Administrator shall where necessary issue a further certificate.'		'If the Contractor fails to complete the Works or a Section by the relevant Completion Date, the Architect/Contract administrator shall issue a certificate to that effect. If an extension of time is made after the issue of such certificate, the extension shall cancel that certificate and the Architect/Contract Administrator shall where necessary issue a further certificate.'
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	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

−	* Adverse weather during construction.
	* Certificate of non completion.		* Certificate of non completion.
	* Common refusals of extensions of time.		* Common refusals of extensions of time.
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	* Concurrent delay.		* Concurrent delay.
	* Contract administrator for construction contracts.		* Contract administrator for construction contracts.
−	* Contract claims in construction.
	* Contractor delay.		* Contractor delay.
	* Delays on construction projects.		* Delays on construction projects.
−	* Extension of time - approval letter example.
	* Force majeure in construction.		* Force majeure in construction.
	* How to prepare a claim for an extension of time.		* How to prepare a claim for an extension of time.
	* Liquidated damages in construction contracts.		* Liquidated damages in construction contracts.
	* Loss and expense.		* Loss and expense.
		+	* North Midland Building Ltd v Cyden Homes Ltd.
	* Octoesse LLP v Trak Special Projects Ltd.		* Octoesse LLP v Trak Special Projects Ltd.
	* Practical completion.		* Practical completion.
−	* Reasonable objection.
	* Reasonable time.		* Reasonable time.
	* Relevant event.		* Relevant event.

Designing Buildings at 11:29, 12 January 2023

2023-01-12T11:29:39Z

← Older revision		Revision as of 11:29, 12 January 2023
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−	[[File:Clock.jpg]]	+	[[File:Clock.jpg\|link=File:Clock.jpg]]
		+
		+	= What is an extension of time? =

	Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT).		Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT).

−	When it becomes reasonably apparent that there is, or that there is likely to be, a delay that could merit an extension of time, the contractor gives written notice to the contract administrator identifying the relevant event that has caused the delay.	+	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractor’s fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time, and the client would lose any right to liquidated damages.
		+
		+	= How is an extension of time granted? =
		+
		+	When it becomes reasonably apparent that there is, or that there is likely to be, a delay that could merit an extension of time, the contractor gives written notice to the contract administrator identifying the relevant event that has caused the delay. If the contract administrator accepts that the delay was caused by a relevant event, then they may grant an extension of time and the completion date is adjusted.

−	~~If the contract administrator accepts that the delay was caused by a relevant event, then they may grant~~ an extension of time ~~and the completion date is adjusted.~~	+	= What types of delays might allow an extension of time? =

−	Relevant events may include:	+	Relevant events that might allow an extension of time may include:

−	* Variations.	+	* Variations instructed by the contract administrator on behalf of the client.
	* Exceptionally adverse weather.		* Exceptionally adverse weather.
	* Civil commotion or terrorism.		* Civil commotion or terrorism.
−	* Failure to provide information.	+	* Failure of the client or their consultants to provide information.
	* Delay on the part of a nominated sub-contractor.		* Delay on the part of a nominated sub-contractor.
	* Statutory undertaker’s work.		* Statutory undertaker’s work.
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	* Force majeure (such as an epidemic or an 'act of God').		* Force majeure (such as an epidemic or an 'act of God').
	* Loss from a specified peril such as flood.		* Loss from a specified peril such as flood.
−	* ~~The~~ supply of materials ~~and~~ goods by the client.	+	* Delays in the supply of materials or goods by the client.
	* Strikes.		* Strikes.
	* Changes in statutory requirements.		* Changes in statutory requirements.
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	The contractor is required to prevent or mitigate the delay and any resulting loss, even where the fault is not their own.		The contractor is required to prevent or mitigate the delay and any resulting loss, even where the fault is not their own.

−	~~Assessing~~ claims for an extension of time can be complicated and controversial. There may be multiple or concurrent delays, some of which are the contractor's fault and some not. There are many occasions where contractors contribute to delay themselves by their performance during design periods, when producing drawings, mock ups and samples or in inter-facing with sub-contractors.	+	= How are claims for extension of time assessed? =

−	~~Crucial in assessing applications~~ for extension of time ~~is the quality~~ of the ~~information provided~~ and ~~records available~~.	+	Assessing claims for an extension of time can be complicated and controversial. There may be multiple or concurrent delays, some of which are the contractor's fault and some not. There are many occasions where contractors contribute to delay themselves by their performance during design periods, when producing drawings, mock ups and samples or in interfacing with sub-contractors.

−	For more information, see How to prepare a claim for an extension of time.	+	Crucial in assessing applications for extension of time is the quality of the information provided and records available. For more information, see How to prepare a claim for an extension of time.

	Claims should be judged against the actual progress of the works, not the programme, and must demonstrate the link between the breach (cause) and the delay.		Claims should be judged against the actual progress of the works, not the programme, and must demonstrate the link between the breach (cause) and the delay.

	The contract administrator may review extensions of time after practical completion and further adjust the completion date.		The contract administrator may review extensions of time after practical completion and further adjust the completion date.
−
−	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractor’s fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.

	Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.		Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.
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	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

−	* CLC publishes guidance on COVID-19 impact for NEC4.	+	* Adverse weather during construction.
−	* How to prepare a claim for an extension of time	+
−	* Variations in construction contracts	+
−	* Extension of time - approval letter example	+
−	* Liquidated damages in construction contracts	+
−	* Loss and expense	+
−	* Reasonable objection.	+
−	* Relevant event	+
−	* Adverse weather during construction	+
	* Certificate of non completion.		* Certificate of non completion.
−	* ~~CLC urges inclusion~~ of ~~fluctuations provisions~~ in contracts.	+	* Common refusals of extensions of time.
		+	* Completion date in construction contracts.
	* Concurrent delay.		* Concurrent delay.
−	* ~~Common refusals of extensions of time~~	+	* Contract administrator for construction contracts.
−	* Delays on construction ~~projects~~	+	* Contract claims in construction.
−	* Reasonable time.	+
−	* ~~Relevant events v relevant matters~~	+
−	* Acceleration of construction ~~works~~	+
	* Contractor delay.		* Contractor delay.
−	* Force majeure in construction	+	* Delays on construction projects.
−	* ~~Contract administrator~~ for construction contracts	+	* Extension of time - approval letter example.
−	* Octoesse LLP v Trak Special Projects Ltd	+	* Force majeure in construction.
−	* ~~Completion date in construction contracts~~	+	* How to prepare a claim for an extension of time.
−	* ~~Nominated sub-contractor~~	+	* Liquidated damages in construction contracts.
−	* Relevant ~~matters in construction contracts~~	+	* Loss and expense.
−	* ~~Contract claims in construction~~	+	* Octoesse LLP v Trak Special Projects Ltd.
−	* ~~Prolongation~~ in construction contracts	+	* Practical completion.
−	* Time at large	+	* Reasonable objection.
−	* ~~Practical completion~~	+	* Reasonable time.
−	* Defects in construction	+	* Relevant event.
		+	* Relevant events v relevant matters.
		+	* Relevant matters in construction contracts.
		+	* Time at large.
		+	* Variations in construction contracts.

	= External references =		= External references =

Designing Buildings at 11:11, 12 January 2023

2023-01-12T11:11:15Z

← Older revision		Revision as of 11:11, 12 January 2023
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		+	[[File:Clock.jpg]]
		+
	Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT).		Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT).

Designing Buildings at 09:58, 9 August 2022

2022-08-09T09:58:17Z

← Older revision		Revision as of 09:58, 9 August 2022
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	To find out more, see Octoesse LLP v Trak Special Projects Ltd.		To find out more, see Octoesse LLP v Trak Special Projects Ltd.

−	~~[[File:DBWCTA_C_link_EOT_template.png\|link=https://hubs.la/H0NmNkf0]]~~	+	= Related articles on Designing Buildings =
−		+
−	= Related articles on Designing Buildings ~~Wiki~~ =	+

	* CLC publishes guidance on COVID-19 impact for NEC4.		* CLC publishes guidance on COVID-19 impact for NEC4.

Designing Buildings: Reverted edits by 110.34.22.202 (talk) to last revision by Editor

2021-12-26T10:17:52Z

Reverted edits by 110.34.22.202 (talk) to last revision by Editor

← Older revision		Revision as of 10:17, 26 December 2021
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	* Failure to provide information.		* Failure to provide information.
	* Delay on the part of a nominated sub-contractor.		* Delay on the part of a nominated sub-contractor.
−	* Statutory ~~undertakers~~ work.	+	* Statutory undertaker’s work.
	* A delay in giving the contractor possession of the site.		* A delay in giving the contractor possession of the site.
	* Force majeure (such as an epidemic or an 'act of God').		* Force majeure (such as an epidemic or an 'act of God').
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	The contract administrator may review extensions of time after practical completion and further adjust the completion date.		The contract administrator may review extensions of time after practical completion and further adjust the completion date.

−	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the ~~contractors~~ fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.	+	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractor’s fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.

	Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.		Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.

110.34.22.202 at 08:46, 26 December 2021

2021-12-26T08:46:45Z

← Older revision		Revision as of 08:46, 26 December 2021
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	* Failure to provide information.		* Failure to provide information.
	* Delay on the part of a nominated sub-contractor.		* Delay on the part of a nominated sub-contractor.
−	* Statutory ~~undertaker’s~~ work.	+	* Statutory undertakers work.
	* A delay in giving the contractor possession of the site.		* A delay in giving the contractor possession of the site.
	* Force majeure (such as an epidemic or an 'act of God').		* Force majeure (such as an epidemic or an 'act of God').
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	The contract administrator may review extensions of time after practical completion and further adjust the completion date.		The contract administrator may review extensions of time after practical completion and further adjust the completion date.

−	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the ~~contractor’s~~ fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.	+	Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractors fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.

	Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.		Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.

Editor at 09:43, 28 July 2021

2021-07-28T09:43:51Z

← Older revision		Revision as of 09:43, 28 July 2021
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	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* CLC publishes guidance on COVID-19 impact for NEC4.
	* How to prepare a claim for an extension of time		* How to prepare a claim for an extension of time
	* Variations in construction contracts		* Variations in construction contracts

Editor at 10:28, 9 July 2021

2021-07-09T10:28:29Z

← Older revision		Revision as of 10:28, 9 July 2021
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	To find out more, see Octoesse LLP v Trak Special Projects Ltd.		To find out more, see Octoesse LLP v Trak Special Projects Ltd.

−	[[File:~~DBWCTA C link EOT template~~.png\|link=https://hubs.la/H0NmNkf0]]	+	[[File:DBWCTA_C_link_EOT_template.png\|link=https://hubs.la/H0NmNkf0]]

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =
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	* Relevant event		* Relevant event
	* Adverse weather during construction		* Adverse weather during construction
−	* Certificate of non completion	+	* Certificate of non completion.
−	* Concurrent delay	+	* CLC urges inclusion of fluctuations provisions in contracts.
		+	* Concurrent delay.
	* Common refusals of extensions of time		* Common refusals of extensions of time
	* Delays on construction projects		* Delays on construction projects

Designing Buildings at 10:43, 21 May 2021

2021-05-21T10:43:18Z

← Older revision		Revision as of 10:43, 21 May 2021
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	To find out more, see Octoesse LLP v Trak Special Projects Ltd.		To find out more, see Octoesse LLP v Trak Special Projects Ltd.
		+
		+	[[File:DBWCTA C link EOT template.png\|link=https://hubs.la/H0NmNkf0]]

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 06:21, 6 October 2020

2020-10-06T06:21:16Z

← Older revision		Revision as of 06:21, 6 October 2020
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	To find out more, see Octoesse LLP v Trak Special Projects Ltd.		To find out more, see Octoesse LLP v Trak Special Projects Ltd.
−
−	~~[[File:C_link_EOT_template.png\|link=http://zpr.io/tTFAh]]~~

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =