Extension of Time Analysis
When negotiating Extension of Time Claims, the following scenarios are often encountered throughout the course of executing the work
A. Notices Of Delay and Extension of Time Claims submitted by the contractor, absent of any defined methodology and/or substantiation 
B. A Principal/Head Contractor who fails to respond, specify a methodology or request substantiation to submitted NOD and EOT Claims

Thusly, when change occurs and the delay is first encountered

A. The contractor presents no entitlement or substantiation to the Claim other than a request for a derived number of Calendar Days.
B. The Subcontract issued by the Principal is devoid of any set procedure for substantiating an Extension of Time Claim, other than the obligatory “Contractor shall submit a Claim with in X days of becoming aware of a Delay

Case in point, when we meet with Clients, the conversation on the merits of time, often illicit the following response during the course of discussion 
 “We priced “X” amount of additional works for “Y” Dollars and all our submission carried an Extension Of Time Claim of “Z” Days”

But did it really carry the EOT Claim, is it to be expected that a direction to Proceed with additional works validated the derived number of Days Claimed in EOT?

Whilst the Contractor has priced the additional works, it is, in effect only substantiating the Cost and Time of the additional works, to which the Principal would argue the EOT Claim remains un-substantiated, lacking the detail of the derived days from additional works on the Construction Schedule or programme to accurately compose a Time Impact Analysis.

Could either party, Head Contractor or Contractor rely upon a request for Days to accurately forecast time impact or adopt mitigation strategies that protect the Dates for Completion? When substantiation of the Basis of EOT Claim remains unanswered 
  • Does the EOT affect a Single Stage of The Works Only
  • Does the EOT envelop multiple stages of The Works
  • Does the EOT evaporate our Free Float on Existing Tasks
  • Does the EOT Risk Dates for Completion on a Stage, Stages or the entirety of The Works
  • Does the EOT Require a Mitigation Strategy to overcome the Impacts on all of the above?
At Hazelton Hanlon Hart we are experts in the composition and justification of EOT Claims, built against construction schedules depicting the time impact of change across the course of the Project. Our Senior Partners experience in negotiating, substantiating and delivering Time Impact Analysis has resulted in the Issuance of Unilateral Extension of Time Agreements, the Award of prolongation costs and avoidance of Liquidated Damages. 


To learn more about our integrated suite of services and solutions, or to collaborate with us on your next project, call us today on the number below or send Hazelton Hanlon Hart an email.
1300 765 330
Share by: