Extension of Time (EoT)

Extension of Time (EoT) is the contractual grant of additional time to the contractor to complete the works, moving the contractual completion date when completion is delayed by causes for which the contractor is not responsible — employer-caused delay, late information/access, variations, exceptional weather, force majeure and other 'excepted risks' defined in the contract. A properly assessed EoT keeps the time obligation realistic and, critically, preserves the employer's right to levy liquidated damages for any remaining culpable contractor delay (an unfairly refused or unassessed EoT can render the LD clause unenforceable).

EoT is one of the most contested areas of construction contracts. Assessment requires showing that the delaying event affected the critical path (using the contract programme/CPM), distinguishing excusable from culpable and concurrent delay, and following the contract's notice and substantiation procedure within the stipulated time. EoT addresses time only; whether the contractor is also entitled to additional payment (prolongation cost) is a separate question governed by the relevant cost/claim clauses.