FIDIC Extension of Time, end-to-end.

Extension of Time (EOT) is an extension of the Time for Completion granted to the Contractor for events for which the Employer bears responsibility, or for other events specifically listed in the contract. This guide walks through the pathway from delay event to Engineer determination.

The EOT pathway

A successful EOT claim is not a single document. It is a chain of actions that has to happen in the right order:

1. Delay Event occurs on site
2. Contractual notice served within the applicable time-bar
3. Schedule impact modelled in the programme
4. Delay analysis carried out
5. EOT assessment quantified in days
6. Claim submitted with full evidence pack
7. Engineer determination issued

Break any link in the chain — missed notice, weak baseline, thin records — and the claim weakens or fails.

What counts as a delay event

A delay event under FIDIC is an occurrence that impacts the Contractor's ability to complete work by a milestone, and for which the contract provides relief. Not every delay is a delay event: only the ones the contract specifically recognises give rise to entitlement.

Employer-caused delay

Delays caused by acts or omissions of the Employer or the Engineer — late instructions, late drawings, late free-issue equipment, restricted access, Variations. These typically entitle the Contractor to time and cost.

Contractor-caused delay

Delays caused by the Contractor's own performance — late procurement, productivity shortfalls, subcontractor default, unresourced sequences. These are the Contractor's own risk and reduce entitlement to EOT for concurrent Employer-caused events, depending on the method used.

Neutral / relief events

Events that entitle the Contractor to time but not money — the treatment of exceptional adverse weather in most FIDIC editions is the classic example. The precise scope depends on the edition and Particular Conditions.

Concurrent delay

Concurrent delay is where two or more delay events, each of which would independently delay completion, occur in the same window — one caused by the Employer, the other caused by the Contractor. Different methods of allocating responsibility exist:

• The dominant cause approach — identify the dominant of the two causes and treat it as such
• The SCL Protocol approach — the Contractor is entitled to time (but generally not money) for the Employer-caused delay
• Apportionment — split the impact between the parties based on their relative responsibility

The right approach depends on the contract, the jurisdiction and the facts. Concurrent delay is one of the most contested areas of construction claims.

Contractual notices

Under FIDIC 1999, Sub-Clause 20.1 requires notice within 28 days of the Contractor becoming aware, or being deemed to have become aware, of the event. Under FIDIC 2017, Contractor claims run under Sub-Clause 20.2, with equivalent time-bar discipline. Notice content should identify the event, cite the relevant sub-clause, and state that particulars will follow.

Deeper reading: FIDIC claims guide.

Schedule impact and delay analysis

Once notice is served, the delay event must be modelled in the programme to demonstrate its impact on the critical path. Multiple methods exist — Time Impact Analysis (TIA), Windows Analysis, As-Planned vs As-Built, Collapsed As-Built — and each has its place.

Deeper: delay analysis guide.

EOT assessment

The EOT assessment quantifies the extension of the completion milestone attributable to the event. It must relate the delay to the critical path (not just any activity) and account for any concurrent Contractor-caused delay. The output is a specific number of days of extension supported by the schedule model.

Supporting evidence

• Baseline programme (approved, and any revised baselines)
• Progress updates immediately before and after the event
• Fragnet or delay-model file showing the impact insertion
• Correspondence establishing trigger, response and consequence
• Contemporaneous site records — diaries, photographs, minutes
• Chain of notices served throughout the event