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Construction Claims & Disputes | Extension of Time (EOT) Claims

Construction Claims & Disputes | Extension of Time (EOT) Claims

If you are filing for extension of time, these measures can help you prepare.

Demonstrating contractual entitlement

Many claims fail for the simple reason that the stated events don’t give rise to a contractual entitlement to an EOT.

Keeping detailed records

Above all else, the quality of a claim is founded on the quality and detail of the project records, i.e. updates, progress reports, notices, and so forth.

Clearly documenting delay events

What happened, why did it happen, and when did it happen? All of this information should be backed up with records.

Choosing an appropriate delay analysis method

Stick only to the recognized methods of analysis, or those dictated by the contract. The nature of the claim, the time and cost available to prepare, and the degree of the contractor’s own delays will also affect the choice of which methodology to use.

Developing strong “fragnets”

This is planner jargon meaning, “the new entries into a program that represent the delay events.” A task to be undertaken only by those who know what they are doing, this can create the extra time you are claiming.

Choosing the correct program to impact

Approved baseline, unapproved baseline, recovery program, or revised program? Many claims fail because the claimant is impacting the wrong program.

Addressing issues of culpability, compensability, and concurrency

Understand the impact of these factors on your entitlement and address them. Don’t hide from these issues as doing so may result in a failed claim.

Telling the story

Include a beginning, middle, and end. A delay claim must ultimately be a compelling narrative that persuades fellow professionals.

Avoiding overcomplication

Too many consultants all too often overcomplicate the entire process. Simplicity is best.

Using an experienced analyst

Don’t gamble on whether your team knows how to deliver on the aforementioned strategies. Appoint someone who has a proven track record in securing EOTs. This decision can potentially make you (or save you) a lot of money.

Interested in learning more?

Contact and we will connect you with a member of our team. You can also reach our main office at 516-621-2900.

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