Construction extension of time claim checklist
EOT claims are commonly rejected for failure to comply with notice clauses or insufficient delay analysis. This checklist is for contractors and their lawyers preparing EOT claims under standard form contracts.
This is a 12-step checklist for preparing a construction extension of time (EOT) claim. It covers notice, causation, delay analysis, and supporting evidence.
The checklist
Identify the delay event
Identify the specific delay event and its start and end dates.
Check qualifying cause of delay
Confirm the event is a qualifying cause of delay under the contract.
Serve initial notice
Serve the initial notice within the contractual time bar — often 5 to 14 days.
Serve detailed claim
Serve the detailed EOT claim within the contractual period.
Identify critical path impact
Identify how the delay event impacts the critical path of the program.
Prepare delay analysis
Prepare a delay analysis — time impact, as-planned vs as-built, or window analysis.
Quantify days claimed
Quantify the number of extension days claimed on critical path impact.
Address concurrent delay
Address any concurrent contractor-caused delay per the contract terms.
Gather supporting evidence
Collect daily records, photos, weather records, subcontractor correspondence.
Attach programs
Attach baseline and updated programs showing critical path impact.
Prepare delay cost claim
Prepare any associated delay cost claim if the contract permits.
Submit and follow up
Submit to superintendent or principal and diarise response deadlines.
When this checklist applies
Use whenever a delay event arises that may entitle a contractor to an extension of time.
Common pitfalls
- Missing the initial notice time bar
- No critical path analysis
- Concurrent delay not addressed
- Delay analysis methodology unclear
- Supporting records incomplete
Run this checklist on a real matter
Quillio can assemble an EOT claim from project records and program data. See /practice-areas/construction-lawyers or start a free trial.
General guidance for EOT claims. Apply the specific contract clauses and jurisdiction.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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