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Extension of Time (EOT)

Delays are common in construction projects due to unforeseen events such as bad weather, changes in scope, or supply chain disruptions. When such delays are excusable, the contractor can apply for an Extension of Time (EOT) to avoid penalties for failing to complete the project on schedule. In Pakistan, the Pakistan Engineering Council (PEC) Standard Form of Contract and FIDIC (International Federation of Consulting Engineers) contracts commonly used in large construction projects provide the basis for EOT claims. In construction contracts, delays can have significant financial implications. Extension of time (EOT) claims arise when contractors are unable to complete works on time due to events beyond their control.
Key Grounds for EOT
  • Force Majeure: Unforeseen events beyond the control of any party, such as natural disasters or political instability.
  • Variations: Any changes in the scope of work, materials, or methods that increase the time needed for completion.
  • Acts of the Employer: Delays caused by the employer, such as late provision of drawings or site access.
  • Unforeseen Site Conditions: Conditions on the construction site that were not anticipated during planning, such as the discovery of archaeological remains or unexpected geological challenges.
Procedure for Applying for EOT
  1. Notice of Delay: The contractor must notify the employer promptly of the cause and expected duration of the delay.
  2. Submission of Claim: A formal EOT claim is submitted, outlining the delay’s cause, evidence supporting the claim, and the additional time required.
  3. Employer’s Response: The employer reviews the claim and either accepts, rejects, or asks for further information.
  4. Determination: The project manager or contract administrator assesses the claim based on the contract provisions and either grants the extension or refuses it.
  5. Dispute Resolution: If the EOT is rejected, the contractor may have the right to escalate the issue to arbitration or litigation.
Our Services Include:
  • Assessment of delay events: We help contractors assess whether delays qualify for an extension of time under the contract.
  • Preparation of EOT claimss: We assist in preparing EOT claims, ensuring that all contractual and procedural requirements are met.
  • Defense against EOT claims: We represent employers in contesting unjustified EOT claims.

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