When Should You Submit an Extension of Time (EOT) Claim?

In construction projects, timing is everything, not only for execution but also for preserving contractual rights. One of the most common pitfalls contractors face is late or improperly submitted Extension of Time (EOT) claims. Understanding when to submit an EOT request is, therefore, critical to a successful claim.

1. Immediately Upon Becoming Aware of a Delay Event Under most standard forms of Contract, such as FIDIC RB 1999 (e.g., Sub-Clause 20.1), contractors are required to issue a notice of claim within a specified timeframe (often 28 days) from when they became aware, or should have become aware, of the delaying event. Failing to meet this deadline may result in the claim being time-barred.

2. When the Delay is Likely to Impact the Critical Path Not all delays warrant an EOT. A claim should be submitted when the delay event affects activities on the critical path, thereby impacting the project completion date. Proper delay analysis (e.g., Time Impact Analysis) should support this assessment.

3. In Accordance with Contractual Notice Provisions Each contract has specific procedural requirements:

• FIDIC Redbook 1999: Notice followed by a fully detailed claim within 42 days (As Interim EOT) and Upon Closing the event, within 28 days final EOT Claim shall be submitted to the Engineer.

Strict compliance with these provisions is essential to maintain entitlement.

4. When There is Employer Risk or Neutral Event EOT claims should be submitted when delays arise from:

• Variations or changes instructed by the Employer
• Late information or approvals
• Unforeseen conditions (if contractually covered)
• Force majeure or exceptional events

5. Before Completion (Not After the Fact) EOT claims should be submitted prospectively or contemporaneously, not retrospectively after project completion. Late submissions weaken credibility and often fail under contractual scrutiny.

6. When Concurrent Delays May Arise If there is potential concurrency (contractor and employer delays overlapping), it is still advisable to submit the EOT claim promptly. The entitlement may still exist depending on the situation.

Key Takeaway Timely submission is not just a procedural formality; it is a condition precedent in many contracts. Contractors must act proactively, maintain contemporaneous records, and align submissions strictly with contractual timelines.

Delays are inevitable. Losing entitlement due to late notification is not.