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Read the contract to understand what notices are required, and when. Read the contract to determine when EOTs will be available. Identify, precisely, the cause of the delay and determine whether you can claim. Read the contract to work out what you need to prove to establish your entitlement.
Determine deadline importance. Before officially requesting a deadline extension, gauge the nature of the deadline. Decide how to ask. Provide a specific reason. Show your dedication. Offer to share your progress. Set a reasonable new deadline. Show gratitude.
Once practical completion has been achieved, the contractor has no obligation to carry out varied work, although an exception would be where the contract expressly provides for issued variation after practical completion.
A party's implied right to extra money or extra time for a variation is, of course, only triggered if there are no express provisions in the contract to the contrary.Under such a contract, the delay caused by a variation does not put time at large even though there is no right to an extension of time.
Extension of Time (EOT) is a delay which could not be reasonably foreseen at the time of contract signing. The granting of an Extension of Time relieves the contractor from liability of damages such as Liquidated Damages from the original date of contract completion for the period of the claim.
This Article accentuates the entitlement of the contractor/sub contractor to Extension of Time (the EOT) under construction contracts.
There is no express bar in the contract on claiming an extension of time after practical completion and it is difficult to find any implicit bar.Clause 2.8 of the contract permits the Employer to claim liquidated damages (LDs) at any time until the final certificate is issued.
An extension of time clause is an express contractual provision that contemplates the adjustment of the contract completion date in defined circumstances i.e. an extension of time is granted when the progress of the work has been impacted because an excusable delaying event has occurred.