Extension of Time

An extension of time, or EoT, is the contractual award of additional contract time for delay events the contractor is not responsible for, adjusting the completion date and usually displacing liquidated damages for the extended period.

Where it sits: Standard forms treat it variously: JCT 2016 cl. 2.2-2.5 and NEC4 compensation events (cl.60-65) are the common machinery; the contract defines the relevant events.

An EoT is two arguments wearing one coat: entitlement (was this event a relevant one, and is the contractor actually delayed?) and causation (how much time did it cost the programme?). Contractors often win the first and lose the second by presenting disruption as delay — hours lost, not the completion date pushed.

The notice conditions bite hard. Most forms want notice within days of the event becoming apparent, with particulars to follow. A contractor who waits until the delay has matured into an argument has usually already lost the extension it needed.

Related: liquidated damages · loss and expense · programme