Last edited 17 Jul 2019

Common refusals of extensions 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).

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 should give 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.

Common reasons for the refusal of an application for extensions of time include:

Where the contractor has underperformed, for example, as a result of insufficient workforce or failure to obtain plant, goods or service.
When there has been poor, but not exceptionally adverse weather.
When the evidence or other information presented to demonstrate that the contractor has suffered irrecoverable delays is insufficient.
If an extension of time has already been given for that event.
Where more than one event occurs at the same time. See Concurrent delay for more information.
The event cited does not constitute a relevant event.
An event does not constitute force majeure.
An event does not constitute a specified peril.
The contractor has not taken steps to mitigate the delay