Time extensions in construction contracts
Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. In the United States, this is described as a time extension. The UK equivalent is 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 a time extension, the contractor gives written notice to the contract administrator identifying the relevant event that has caused the delay. Time extensions are granted based on the contractor being able to demonstrate that the delay was caused by events beyond their control. The contract guidelines typically specify the provision of time extension requests.
There are various circumstances in which time extension requests will be valid, including:
- Delays are caused by the owner changing the design.
- A delayed start to the works by request of the owner.
- Site conditions (e.g. sub-surface conditions) that differ from the project plans.
- Exceptionally adverse weather.
- Variations to the original scope or contract required by the owner.
- Force majeure.
- Legal issues that affect project completion or the contractor’s performance.
- The supply of materials and goods by the owner.
There are various circumstances in which time extension requests will be deemed invalid, including:
- Delays are caused by subcontractors.
- When the workforce is insufficient.
- The contractor underperforms, i.e. by procuring long-lead items.
- Delays caused by normal adverse weather conditions.
- Where there is inadequate evidence that irrecoverable delays have not been caused by the contractor.
In order for a time extension to be granted it is important that the contractor is transparent and communicative in their dealings with the owner and the project team. The project manager must be informed at the earliest opportunity and, if they deem it valid, they will submit a formal time extension request. For further information, see What should be included in a time extension request?
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Infrastructure that connect the physical and digital domains.
Harnessing robotics and AI in challenging environments
The key to nuclear decommissioning and fusion engineering.
BSRIA announces Lisa Ashworth as new CEO
Tasked with furthering BSRIA’s impressive growth ambitions.
Public buildings get half a million energy efficiency boost
£557 million to switch to cleaner heating and save on energy.
CIOB launches pre-election manifesto
Outlining potential future policies for the next government.
Grenfell Tower Inquiry announcement
Phase 2 hearings come to a close and the final report due in September.
Progress from Parts L, F and O: A whitepaper, one year on.
A replicated study to understand the opinion of practitioners.
ECA announces new president 2024
Electrical engineer and business leader Stuart Smith.
A distinct type of countryside that should be celebrated.
Should Part O be extended to existing buildings?
EAC brands heatwave adaptation a missed opportunity.
Definition of Statutory in workplace and facilities management
Established by IWFM, BESA, CIBSE and BSRIA.
Tackling the transition from traditional heating systems
59% lack the necessary information and confidence to switch.
The general election and the construction industry
As PM, Rishi Sunak announces July 4 date for an election.
Eco apprenticeships continue help grow green workforce
A year after being recognised at the King's coronation.
Permitted development rights for agricultural buildings
The changes coming into effect as of May 21, 2024.