PROCEDURE FOR EXTENSION OF TIME (EOT) UNDER FIDIC CONDITIONS Contractor’s Perspective & Compliance Checklist

 

1. THE TRIGGER EVENT

The process begins when a "Delaying Event" occurs. Under FIDIC (specifically Clause 8.4 of the Red Book), a Contractor is entitled to an EOT if completion is delayed by:

• Variations: Changes in scope or instructions.

• Cause of Delay: Any delay attributable to the Employer (e.g., late site access, late drawings).

• Exceptionally Adverse Climatic Conditions: Weather beyond historical norms.

• Unforeseeable Shortages: Unpredictable lack of personnel or goods caused by epidemic or governmental actions.

2. STEP 1: THE NOTICE OF CLAIM (Clause 20.1)

This is the most critical stage. Failure to follow this step usually results in the claim being legally "time-barred."

• Timeline: The Contractor must give notice to the Engineer as soon as possible, and no later than 28 days after the Contractor became aware (or should have become aware) of the event.

• Requirement: The notice must be in writing and state that the event may give rise to a claim for EOT.

• Risk: If the 28-day window is missed, the Employer is discharged from all liability.

3. STEP 2: THE DETAILED CLAIM SUBMISSION

Within 42 days (or another period agreed with the Engineer) after the Contractor became aware of the event, they must submit a "fully detailed claim." This must include:

• The Contractual Basis: Citing specific clauses that justify the EOT.

• Contemporary Records: Evidence such as site logs, photos, weather reports, and correspondence.

• Delay Analysis: A logic-linked program showing the "Critical Path." The Contractor must prove the event actually delayed the final completion date, not just a minor, non-critical task.

4. STEP 3: THE ENGINEER’S DETERMINATION (Clause 3.5)

Once the claim is submitted:

• Review: The Engineer reviews the submission and may ask for further particulars.

• Consultation: The Engineer should consult with both parties to try and reach an agreement.

• Determination: If no agreement is reached, the Engineer makes a "fair determination" of the amount of EOT (number of days) and/or additional payment.

• Response Time: Usually, the Engineer must respond within 42 days of receiving the claim.

5. STEP 4: OUTCOME & DISPUTE RESOLUTION

• Approval: If granted, a new "Time for Completion" is established. This protects the Contractor from Liquidated Damages (LDs) for that period.

• Rejection: If the Contractor disagrees with the Engineer’s determination, they can issue a "Notice of Dissatisfaction."

• Resolution: The matter then moves to the Dispute Avoidance/Adjudication Board (DAB/DAAB) and eventually to Arbitration if still unresolved.