The Construction Contracts Co.
Glossary
Glossary / Extension of time (EOT)

Extension of time (EOT)

An extension of time is a formal adjustment of the completion date for a delay the contract recognises - it protects you from liquidated damages for that period, but only if claimed inside the contract's notice window.

An EOT is not automatic. Entitlement depends on the cause being a qualifying one, the notice being served in time, and the particulars supporting the claim. Delay costs (money, as opposed to time) are usually a separate claim with its own machinery.

Watch for drafting where the trigger is when you "ought reasonably to have been aware" of the delay - the window can start before you noticed it had.

Why it matters to subbies

The EOT notice window and the LD clause are one mechanism: a missed notice leaves the LD clock running on a delay that was never yours. Serve thin notices early rather than perfect notices late.

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General information for Australian subcontractors, not legal advice - contract drafting and state legislation vary and change; your document and your state's Act govern. Written by Mat Kennedy at The Construction Contracts Co.