Extensions of time under construction contracts
Extensions of time under construction contracts

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Extensions of time under construction contracts
  • Contractual entitlement to an extension of time
  • Loss and expense arising from the delay
  • What are the grounds for an extension of time?
  • Contractual procedures
  • Time bar notice clauses
  • Records
  • Concurrent delay
  • Float
  • Global claims
  • more

This Practice Note examines the circumstances in which a construction contract might entitle a contractor to claim additional time in which to complete the works (known as an 'extension of time' or 'EOT'), and the importance of contractual procedures in this regard.

A construction contract will, ordinarily, specify the date by which practical completion of the works must be achieved (see Practice Note: What is practical completion?). This is typically referred to as the 'completion date' (or something similar). However, during the course of a construction project, it is common for events to occur which delay (or threaten to delay) the progress of the works, affecting the critical path (see Q&A: What is the critical path?) and having an impact on the contractor’s ability to complete the works by the completion date. These are often referred to as 'delay events'. An extension of time allows the contractor to complete its works within a set period after the original contractual completion date, without becoming liable to pay the employer liquidated damages (or, where there is no provision for liquidated damages, general damages for delay).

An extension of time might also be granted in relation to the date for completion of a section of the works, if the contract provides for sectional completion (eg, clause 2.28 of the JCT Design and Build Contract 2016 provides