Guide · Claims

EOT claim checklist: 12 checks before you submit

An Extension of Time claim is judged on entitlement, causation and evidence. Use this checklist before you submit, whichever contract or method you use.

Contract and notices

1. Identify the extension of time clause and the grounds. Under FIDIC 1999 this is Sub-Clause 8.4 with the claims procedure in 20.1; under FIDIC 2017 it is Sub-Clause 8.5 with the procedure in 20.2. Bespoke contracts often amend both. Confirm each event falls under a listed ground.
2. Check every notice against the time limit. FIDIC 1999 requires a notice within 28 days of becoming aware of the event, and a fully detailed claim within 42 days. FIDIC 2017 requires a Notice of Claim within 28 days and a fully detailed Claim within 84 days. Particular Conditions may change these periods; late notices may lose the entitlement.
3. Record the delay damages rate and cap. They show what the extension protects the contractor from and help the reader understand what is at stake.

Programmes

4. Use the accepted baseline. Confirm which programme was accepted and when. If none was accepted, explain which programme you used and why.
5. Check the quality of each update. Open ends, hard constraints, negative float, invalid dates and out-of-sequence progress all affect the critical path. Record what you found and any corrections.
6. Keep the calendars right. Working days, holidays and restrictions must match the project, or every delay figure will be off.

Cause and effect

7. Build a clear delay event register. For each event: description, dates, responsible party, contract clause, notice reference and the activities affected.
8. Show the critical path effect. A delay only extends completion if it is on, or becomes, the critical path. Use a recognised method, such as a windows analysis, a Time Impact Analysis, or both together.
9. Address concurrency. Identify periods where contractor delays overlap employer delays and explain how they are treated under the contract and the approach you follow.
10. Show mitigation. Record what was done to reduce the delay, such as re-sequencing, extra resources or changed working hours.

Presentation

11. Write for the reviewer. Each window or event needs a short narrative, the key figures and a chart. The reader should be able to follow every number back to a programme and a document.
12. Submit a complete bundle. The report, the programmes, the event register, the notices and correspondence, and the contract extracts, organised and referenced, in one indexed file.

Keep time and money separate

The extension of time decides the new completion date and relief from delay damages. Additional payment for prolonged time-related costs is a separate entitlement that depends on the cause of the delay and the contract. Show which days are excusable and which are also compensable.

This checklist is general information. It is not legal advice; check the Particular Conditions and take advice on the contract that applies to your project.