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
[edit] Related articles on Designing Buildings Wiki
- Acceleration of construction works.
- Change order.
- Compensation event.
- Contract administrator.
- Contract claims.
- Culpable delay.
- Delay damages.
- Extension of time.
- Extension of time - approval letter example.
- How to prepare a claim for an extension of time.
- Practical completion.
- Project programme.
- Time certainty.
- Time extension.
- Time Risk Allowance TRA.
- Variations.
Featured articles and news
HSE simplified advice for installers of stone worktops
After company fined for repeatedly failing to protect workers.
Co-located with 10th year of UK Construction Week.
How orchards can influence planning and development.
Time for knapping, no time for napping
Decorative split stone square patterns in facades.
A practical guide to the use of flint in design and architecture.
Designing for neurodiversity: driving change for the better
Accessible inclusive design translated into reality.
RIBA detailed response to Grenfell Inquiry Phase 2 report
Briefing notes following its initial 4 September response.
Approved Document B: Fire Safety from March
Current and future changes with historical documentation.
A New Year, a new look for BSRIA
As phase 1 of the BSRIA Living Laboratory is completed.
A must-attend event for the architecture industry.
Caroline Gumble to step down as CIOB CEO in 2025
After transformative tenure take on a leadership role within the engineering sector.
RIDDOR and the provisional statistics for 2023 / 2024
Work related deaths; over 50 percent from construction and 50 percent recorded as fall from height.
Solar PV company fined for health and safety failure
Work at height not properly planned and failure to take suitable steps to prevent a fall.
The term value when assessing the viability of developments
Consultation on the compulsory purchase process, compensation reforms and potential removal of hope value.
Trees are part of the history of how places have developed.