Building Contract Extension Of Time

Blackstone Solicitors knows building projects don’t always run like clockwork. Delays can happen due to unforeseen circumstances, and sometimes the original completion date might need adjusting. This article explores the concept of extensions of time (EOT) in building contracts, explaining when they might be applicable and how they can impact your project.

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What is an Extension of Time (EOT) in a Building Contract?

Imagine planning a birthday party – you’ve set a date, ordered decorations, and booked entertainment. But then, a sudden downpour throws a wrench in the plans. An EOT in a building contract works similarly. It’s a formal agreement between you (the employer) and the builder (the contractor) to extend the project completion date due to unforeseen delays outside the builder’s control.

An EOT essentially “pauses” the clock on the original completion date, granting the builder additional time to finish the project without incurring penalties under the liquidated damages clause (a contractual provision that specifies compensation for delays).

When Can You Claim an Extension of Time?

Not all delays warrant an EOT. The specific grounds for claiming an extension of time will be outlined in your building contract. Here are some common scenarios where an EOT might be applicable:

• Bad Weather: Extreme weather conditions like heavy rain, flooding, or prolonged frost can significantly impact construction progress.
• Planning Delays: Unexpected delays in obtaining planning permission or other necessary approvals can hold up the project.
• Material Shortages: Global supply chain disruptions or unforeseen shortages of essential materials might cause delays.
• Client-Instructed Changes: If you, as the employer, request changes to the project scope after the contract is signed, it might entitle the builder to an EOT.

It’s crucial to carefully review the specific wording in your contract to understand the grounds for claiming an EOT. Blackstone Solicitors can help you analyse your contract and assess the validity of an EOT claim.

The Importance of Proper EOT Procedures

Don’t wait until the project falls significantly behind schedule to claim an EOT. Following proper procedures is essential:

• Early Notification: Inform the builder of any potential delays as soon as they become apparent. This demonstrates transparency and allows for proactive planning.
• Detailed Records: Maintain meticulous records of events causing delays, including weather reports, supplier communication regarding shortages, or written change order requests from your end.
• Formal EOT Application: Submit a formal EOT application to the builder outlining the reasons for the delay, the anticipated extension period, and any supporting documentation.
• Negotiation and Agreement: The builder might review your application and potentially negotiate the length of the extension or associated costs. Open communication is key.

Blackstone Solicitors can guide you through the EOT application process, ensuring you follow the proper procedures and have a strong case for a justified extension.

Potential Impacts of an Extension of Time

Granting an EOT can have various implications for your project:

• Revised Completion Date: The original completion date is pushed back, impacting your occupancy timeline or potentially delaying other connected projects.
• Cost Implications: While EOTs prevent liquidated damages, there might be additional costs associated with the extended construction period, such as extended site security or storage fees.
• Project Disruption: Delays can disrupt your plans and potentially impact other trades working on the project.

It’s important to weigh the benefits of an EOT against the potential drawbacks. Blackstone Solicitors can offer expert advice on navigating these considerations.

Blackstone Solicitors: Your Partner in Managing Delays

Blackstone Solicitors understands that construction projects are susceptible to delays. Our construction law specialists can provide invaluable support throughout the process:

• Contract Review: We can meticulously review your building contract to understand the EOT clause and determine the grounds for claiming an extension.
• Negotiation and Dispute Resolution: If there are disagreements regarding the EOT claim, we can represent you in negotiations with the builder or guide you through alternative dispute resolution processes.
• Protecting Your Interests: Our team is dedicated to protecting your interests and ensuring a fair outcome throughout the EOT process.

Don’t let delays derail your building project. Contact Blackstone Solicitors today for a consultation and let our construction law specialists help you navigate extension of time claims and minimize the impact of project delays.

We have a proven track record of helping clients deal with building contract delays. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/

How to Contact Our Construction Solicitors

It is important for you to be well informed about the issues and possible implications of a building contract extension of time. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Corporate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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