Extension of Time – A few thoughts and simple tips for Contractors

When preparing a claim for an extension of time, the party making the claim bears the responsibility to provide proof. The claimant must identify the events that caused the delays and explain how these events affected the timeline for achieving practical or substantial completion. Delays may arise from contract variations issued by the employer or external factors like inclement weather.

 

For example, when a contractor submits a request for an extension of time, they need to support it with relevant evidence. This could include emails, dated photographs (with timestamps), and monthly progress reports. However, many contractors fail to provide sufficient records due to issues with the quantity and organization of the documentation.

 

To improve record-keeping, it is advisable to create an “Evidence” or “Daily Record” folder in the site database, allowing site management to upload relevant information. This task should not take site staff more than 5-10 minutes at the end of the day and is becoming increasingly important due to frequent construction delays.

 

Additionally, while technologies like time-lapse cameras are useful, they only capture limited aspects of the project. Handwritten daily site diaries, once common, can still provide valuable evidence in arbitration settings. I have seen successful claimants use these diaries effectively during proceedings.

 

Ultimately, when assessing a contractor’s request for an extension of time, it must be backed by factual evidence relevant to the delays. If accurate, fact-based evidence is lacking, disputes may arise, making it essential to maintain thorough and organized records before applying for an extension.

If you would like a discussion about a potential construction dispute matter, Contact Us to see how we can help you and your business.

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