Delays on construction projects are nothing new.
But whether it’s bad weather, design changes, or something else outside your control, to secure your EOT you’ve still got to prove the facts, follow the contract, and show the delay had an impact.
Below is our practical guide to help construction companies to strengthen their EOT processes, from spotting delay events to documenting them properly, and staying compliant with the contract.
Understand What Your Contract Says About Delay
It might sound obvious, but start by reading the EOT clause.
Only events your contract defines as a “Qualifying Cause of Delay” (QCD) entitle you to an extension of time.
These commonly include events like latent conditions, variations, site access issues, authority approvals, or bad weather.
But each contract is different, so don’t assume that an event will be a QCD. When you’re negotiating a contract, think about what could realistically delay your job and make sure those risks are included as a QCD from the onset.
Another important item to add is who owns the float in the construction program. If the principal owns it, delays might not entitle you to an EOT until the float is exhausted which is a key issue that’s often overlooked. As a contractor it is critical that you own the float to ensure that an efficiency in the program is captured. This float can than be used if you are delayed by an event which is not a QCD.
Time Bars: Know Your Notice Obligations
Most construction contracts require a party who has been delayed to take two steps to have an entitlement to an extension of time:
- Initial notice of delay – within a few business days of when you become aware or should have been aware of the delay.
- Detailed EOT claim – within a longer timeframe, often 10 to 20 days.
A failure to submit these notices within the required timeframe could invalidate the claim, even if the delay was legitimate.
Some contracts require notice before the delay has ended, meaning you can’t wait to see how long the delay is.
Practically, we recommend you set up an internal system to track deadlines from the moment a delay hits. In our experience, the company with better and more complete records is more likely to be successful in their claim.
Spot Delays Early – and Act Fast
Delays need to be identified in real time. Don’t let them linger on site before making their way up the chain.
Establish a process where supervisors and project managers flag any issue that could affect progress immediately e.g. weather, delivery problems, late client info, and so on.
Once flagged, log it.
That starts the clock for notices and helps you get on the front foot with evidence. The earlier you spot a delay, the more control you have over the process.
Keep Detailed Records That Tell the Story
This is where many EOT claims fail.
Your claim must prove that the delay happened, that it was a qualifying event, and that it affected completion. That means contemporaneous records, not a reconstruction of events based on fading memories months later.
Here’s what you should consider collecting:
- Site diaries/daily logs: What work was done, who was there, and what problems came up.
- Photographs/videos: Especially helpful for weather events or physical site issues – date-stamped and regular.
- Correspondence: Keep instructions, RFIs, or variation directions that contributed to delay. If instructions or directions are given verbally, confirm them in writing (and send delay notices as required!)
- Delivery records and approvals: If something arrived late or approvals were held up, document it.
- Updated programmes: You’ll need to show how the delay moved the critical path.
Link your records to the activities on your construction program. That way, you can clearly show the effect of the delay on the overall schedule.
Prove the delay Affected Practical Completion
To get an EOT, it’s not enough to show that something went wrong. You must show the event in question actually impacted the project’s critical path and delayed practical completion.
These requirements can also be affected by who “owns the float”.
Update your programme to show:
- where the delay occurred;
- what activities were affected; and
- how the completion date was delayed by this event.
Use your programme to build a clear before-and-after picture. A superintendent or principal wants to see how this delay translates to the extra time you have claimed. If your claim can demonstrate this, your chances improve dramatically.
Remember that even if a delay event uses up float without immediately pushing out the completion date, you will likely still need to notify, especially under contracts where you can’t claim time retrospectively (think about the time bars we spoke about earlier) once the float is gone.
Avoid the Big Mistakes
The most common mistakes contractors make with EOTs are:
- Late or non-existent notices: If your notice isn’t on time, your claim might never get off the ground.
- Vague claims: A one-liner saying “we were delayed by rain” won’t cut it. Include cause, impact, dates, and backup evidence.
- Ignoring float ownership: Even if a delay uses float, under many contracts that float benefits the principal. Don’t assume you’re covered – claim promptly.
Tight Systems Win Claims
Good EOT claims aren’t built at the last minute.
They’re the result of diligent site practices, good communication, and a clear understanding of the contract.
Take time now to check your internal systems:
- Do you have an EOT register?
- Are delay events logged immediately?
- Are your teams trained on notice deadlines and contents?
- Do your subcontracts align with your head contract?
If not, take action before unclaimed delays start piling up.
