Extension of Time and Variation Claims

What are extension of time and variation claims?

Extension of time (EOT) and variation claims are two vital concepts in the realm of construction contracts. They represent mechanisms that allow adjustments to the original contract’s scope, time, or price due to unforeseen circumstances or changes. Proper understanding and management of these concepts are essential to ensure that projects are completed successfully and that parties are treated fairly.

 

Need assistance applying for an extension of time or variation claim? Reach out to Inkling’s experienced team today.

Frequently Asked Questions

  • An extension of time (EOT) claim arises when a contractor seeks additional time to complete their work due to unforeseen delays which are not their fault.

    Some reasons for an EOT claim include:

    Variations: significant changes in the project scope can lead to time delays.

    Force majeure events: natural disasters, pandemics, or other unforeseen events beyond the control of the contracting parties.

    Acts of the client: actions or inactions of the client that cause delays.

    Other unexpected delays: may include discoveries of hazardous materials, archaeological finds, etc.

  • A variation claim is made when there’s a change or deviation from the original scope of work outlined in the contract. It can be an addition, omission, or alteration in the scope.

    Some reasons for a variation claim include:

    Design changes: modifications or refinements in design details post-contract.

    Site conditions: unforeseen ground conditions or site-related issues that necessitate changes.

    Statutory requirements: new laws or regulations requiring changes in the project.

    Client requests: the client might request additional features or changes.

  • The procedures needed for an EOT or variation claim will depend on the particular circumstances, however, some good practices for managing these claims include:

    Clear documentation: every claim should be backed by comprehensive documentation detailing reasons, impacts and justifications.

    Timely communication: notify the other party as soon as an event leading to an EOT or variation claim arises. Early communication can prevent disputes and ensure smooth adjustments.

    Robust contract clauses: ensure the original contract has clear clauses outlining the processes, responsibilities, and mechanisms for managing and approving EOT and variation claims.

    Expert consultation: in complex projects, legal expertise is recommended to navigate the intricacies of claims. Construction law is complex. Having specialist legal advice can assist in navigating complicated EOT and variation claims, ensuring you are aware of your rights and obligations.

  • Construction law is complex. Navigating EOT and variation claims can be overwhelming. Our specialised services are designed to guide you seamlessly through the process.

    We are experts in construction law and can assist in completing EOT and variation claims. Our experienced team will advocate for your rights and ensure you are aware of your obligations. We prioritise transparent communication, guaranteeing you are kept updated every step of the way. Contact us today to ensure the timely completion of your EOT or variation claim.