Builders lose more money to lost extension of time claims than to almost any other contract issue. Not because the delays were not real, but because the notice was late, the cause was not linked to the contract, or there was no record of the days lost. This template walks through what an EOT claim needs, in the order an owner or their adviser will test it.
Why extensions of time matter
Most building contracts set a date for completion and a rate of liquidated or delay damages if the builder finishes late. An extension of time moves the completion date for delays the contract allows, so the builder is not charged damages for time that was not their fault. Without a properly claimed extension, a builder can end up paying damages for a delay the owner caused.
Start with the contract clause
Every contract handles EOTs differently. Before writing a claim, find the clause and note:
- Qualifying causes: what kinds of delay entitle the builder to more time.
- Notice: how soon after becoming aware of a delay the builder must give written notice, and in what form.
- Content: what the claim must include, such as the cause, the effect and the days claimed.
- Response: how and when the owner or superintendent must respond, and what happens if they do not.
The template deliberately states no notice periods, because they vary by contract. The one universal rule is: give notice early, even before you know how long the delay will be.
The four things a claim has to prove
| Element | What it means | Evidence |
|---|---|---|
| A delay event | Something happened that stopped or slowed work | Site diary, photos, correspondence |
| A qualifying cause | The contract allows time for that kind of event | The clause; the variation, instruction or weather record |
| An effect on completion | The delay moved the completion date, not just one task | Program before and after; critical path explanation |
| Proper notice | Notice given within the contract’s time and form | Dated notice email or letter |
Weather claims
Wet weather is the most common EOT cause on residential jobs, and the most commonly disputed. Many contracts allow an extension only for weather beyond what could reasonably be expected, or only for days when work actually could not proceed. The evidence is the daily site diary: rain start and stop times, the trades that could not work, and ground conditions afterwards. A claim for “about ten wet days in June” will fail against a diary that shows which days work stopped and why.
Variations and owner delays
When an owner asks for a change, the time impact belongs on the variation form at the time it is signed. When a decision, selection or answer to an RFI is late, record the date it was needed and the date it arrived. Both are strong EOT causes, but only if the timeline is documented.
Critical path and concurrency
A delay only extends completion if it affects the critical path: the chain of work that decides when the job finishes. If the painter is delayed but painting had weeks of float, completion may not move. Where the builder’s own delays overlap with a qualifying delay, the contract’s approach to concurrent delay matters. Explain both honestly in section 5; overstated claims damage the credibility of the ones that are sound.
Keep the claim and the response together
Ask for a written response by a set date, record the outcome in section 8, and keep every EOT claim with the variations and diary it relies on. If the extension is refused and you disagree, the claim file is the starting point for any dispute. This template is general information; for significant or disputed claims, get advice early.
A worked example: a wet weather claim
A builder is framing a two-storey home in a very wet month. The contract allows an extension for inclement weather that prevents work on the critical path. The claim might set out:
- Delay event: rain on eight working days between specific dates, with start and stop times from the site diary.
- Qualifying cause: the inclement weather clause, noting which days work could not proceed at all and which were partial.
- Effect: framing was the critical activity, so each lost day delayed completion; days when only non-critical work stopped are excluded.
- Notice: written notice given on the first affected day, with an update at the end of the month.
- Evidence: diary entries, weather observations for the nearest station, photos of site conditions, and the program.
- Claim: six working days, with the revised completion date.
Excluding the days that did not affect completion makes the claim more credible, not less.
Liquidated damages and delay damages
Many contracts set an amount per day the builder must pay if completion is late, known as liquidated damages or, in some residential contracts, delay damages. The rate is set in the contract. An extension of time moves the date from which those damages run, which is why EOT claims matter financially even on small jobs. If the owner causes delay and the contract has no proper mechanism to extend time for it, the position can become complicated; get advice. The simplest protection is to claim every qualifying delay promptly and properly, so the completion date always reflects what actually happened.
