Key Issue 3 - Extension of Time Flashcards
What types of delay allow for an EoT?
Relevant events, such as; Variations instructed by the CA on behalf of the client, exceptionally adverse weather, failure for the client to provide information, Fore majeure (epidemic, act of god),
The contractor is still required to prevent or mitigate the delay and any resulting loss even if it is not their fault.
Relevant Matter is when the client is responsible for an event that materially effects the progress of the works, this allows the contractor to claim direct loss and or expense that has been occurred, doesn’t necessarily result in a delay. Such as: failure to give the contractor access to the site, delays in receiving instruction.
What is an extension of time?
An extension of time allows the construction period to be extended where the delay is not the contractors fault. The client loses any rights to LADS.
Where did you find rainfall reports?
JCT website provides purchasable MET office reports which outline the average rainfall for a given time period.
You mentioned a delay in site notes and photos, did you expect the EoT request?
Yes at site meetings the works on site were regularly assessed against the programme, poor weather was witnessed first hand and minuted. This meant that the client took the Extension of Time request well, as it was valid.
Do you know the difference between a relevant event and relevant matter?
A relevant event is something that causes a delay to the completion date, which is caused by the client or a neutral event not caused by either party. Relevant events allow the contractor to claim for an EoT. such as; Variations instructed by the CA on behalf of the client, exceptionally adverse weather, failure for the client to provide information, Fore majeure (epidemic, act of god)
A relevant matter is a matter for which the client is responsible that materially effects the progress of works and enables the contractor to claim for direct loss and expenses that have been incurred. A relevant matter does not necessarily lead to a delay to the completion date and as such an extension of time might not entitle the contractor to an EoT. Such as; Failure for the client to give possession of site, delays in receiving instructions etc.
What happens if the contractor causes the delay?
If this is the case and the completion date is delayed then the contractor may be susceptible to pay LADS as agreed in the contract.
Issue None completion cert
What provisions does a typical JCT contract include regarding extensions of time, and what criteria must be met for a contractor to request such an extension?
– Notification – As soon as it becomes apparent that delay is going to happen the contractor must give notice of the cause of the delay to the CA.
- The contractor must provide evidence demonstrating the impact of the delay to the project timeline and the effect on the critical path.
- The CA will assess the evidence and get their own evidence to draw a conclusion. Ensuring the delay was outside of the contractors control and the request was justified.
What methods did you use to analyse the impact of the weather-related delays on the project’s critical path?
Critical Path Method (CPM) Analysis: Reviewed the project’s critical path schedule to identify tasks that were delayed due to inclement weather. This involved comparing the planned versus actual progress and determining if the delays affected critical tasks.
Weather Impact Assessment: Correlated weather data with project activities to determine the direct impact of weather conditions on construction activities and their timing.
How did you evaluate the legitimacy of the contractor’s claim for an Extension of Time due to inclement weather and additional works requested by the client?
- I examined the contractors evidence, weather reports and previous site photos and meeting minutes. This verified the accuracy of the information provided.
- Assess historic weather reports, this will ensure that the weather in the particular period was worse than average.
- Evaluate the nature of the variations and assess if they effected the critical path.
Why was It Important for you to support the claim with data?
Accuracy and Validity: Data provides objective evidence to substantiate the contractor’s claims, ensuring that the request for an extension of time is justified and not based on subjective assessments.
Dispute Resolution: Data-driven analysis can support negotiations and resolve disputes between parties by providing clear evidence of the impact of delays. It helps to establish a fair basis for granting extensions and addressing any associated claims.
How did you utilise historical rainfall data and site documentation to support your analysis of the contractor’s extension of time claim?
Rainfall Data Review: Analysed historical rainfall data for the project area to verify the severity and frequency of inclement weather during the project period. This data helped establish whether the weather conditions were exceptional and beyond normal expectations.
Site Documentation Correlation: Cross-referenced site logs, progress reports, and weather records to correlate weather events with reported delays and disruptions. This helped validate the contractor’s claims regarding the impact of weather on the project timeline.
How did you assess the contractors request for a three week EOT and what factors made you grant 2?
- Reviewed contractors programme for internal works and wash bay.
- Wash bay works were critical path item as this took the length of the phase.
- internal works were scheduled to be complete over a week before wash bay.
- Identified this float which allowed concurrent progress without delaying works.
- As such granted two weeks for the wash bay and instructed items could be completed within this concurrently.
What methodology did you use to determine the wash bay extension was valid?
- Reviewed programme vs actual progress.
- Reviewed JCT weather reports.
- site meetings and photos.
- Verified that the weather conditions meant that excavation and concrete pour and wash bay erection were delayed.
What contractual clauses did you use?
- clause 2.20 confirms inclement weather is a relevant event.
- Once confirmed that JCT weather report stated that weather was worse than expected.
- Reviewed original programme and time allowed for wash bay excavation, concrete pour and wash bay erection which was 2 weeks.
Did the contractor claim for loss and expense?
- They did not - relevant event.
- if they had i would request proof of extra expense.
- Review mitigation stratagies.
- Invite an open discussion with the client and contractor.
