Consultancy & Contracts · Contractor guide
EOT rejected? Your next steps.
An Extension of Time (EOT) moves the completion date when the delay is not the contractor's fault, for example late drawings, late site access, client changes or exceptional events. If the EOT is rejected or reduced, you may face delay damages (liquidated damages) and lose delay costs. A rejection is often not the end: many are rejected for weak notice, records or delay analysis, which can sometimes be improved.
Common causes
Why it happens
Late notice
Notice of the delay event was not given within the contract time limit.
Weak records
No contemporaneous records showing when the delay started and how long it lasted.
No delay analysis
The claim did not show how the event affected the critical path of the programme.
Concurrent delay
The department argues the contractor's own delays caused or overlapped the delay.
No approved programme
No updated or accepted programme to measure the delay against.
Wrong entitlement
The event was not linked to the right provision in the contract.
What you can do
Practical steps
- Ask for the rejection or decision in writing, with reasons.
- Check the time limits in your contract for disagreeing with the decision; they can be short.
- Rebuild the claim: event, notice, records, programme and a clear delay analysis.
- Resubmit or formally dispute the decision as your contract allows.
- Keep recording ongoing delays and keep giving notices while the project continues.
- If needed, use the dispute route in your contract (DAAB, arbitration or courts).
Documents
What to gather
- Contract, particular conditions and the time for completion
- Baseline and updated programmes
- Notices of delay and all replies
- Site diary, progress reports, minutes of meetings
- Drawing issue / approval register and site access records
- The EOT claim and the rejection letter
How AHS helps
How we can help
We review why the EOT was rejected, check the notice and records, prepare a clear delay narrative and analysis, and draft the resubmission or the dispute notice.
This page is general information, not legal advice. Every contract is different, and no outcome can be guaranteed.
FAQ
Frequently asked questions
Can a rejected EOT be challenged?
Often yes, if your contract has a process for disagreeing with the Engineer's decision and you act within its time limits.
Will I pay liquidated damages if my EOT is rejected?
The client may try to deduct them. A valid EOT, if later granted or awarded, can remove or reduce them.
Is it too late if I missed the notice?
Late notice can be very serious under FIDIC-based contracts and may bar the claim. Some contracts or circumstances still leave options, so get advice quickly.
Can you guarantee the EOT will be granted?
No. We prepare the strongest case your records support; the decision rests with the Engineer, client or tribunal.
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