INSIGHTS

Documents You Need for an EOT Claim Under FIDIC

An extension-of-time claim is only as strong as its records. Here is what to keep, why notices come first, and how to link an event to the delay.

Clear Axis · 3 min read

Most extension-of-time (EOT) claims are not lost on the argument. They are lost on the records. The contractor knows the project was delayed and knows why, but cannot show it with documents written at the time. Under FIDIC, the claim is built on those contemporary records, and the process starts with a notice.

Start with the notice

Under the FIDIC 2017 Red Book, Sub-Clause 20.2 sets the claim procedure:

• Notice of Claim: as soon as practicable, and no later than 28 days after the contractor became aware, or should have become aware, of the event (Sub-Clause 20.2.1).

• Fully detailed claim: within 84 days of that awareness, or another period agreed with the Engineer (Sub-Clause 20.2.4).

• Continuing events: interim detailed claims at monthly intervals, and a final claim within 28 days after the effects end (Sub-Clause 20.2.6).

A late notice can put the whole claim at risk. Send the notice first, even if the detail is not ready. The detail comes later; the notice cannot.

The core documents

Contract documents. The Contract Agreement, the Particular Conditions, the specifications, the drawings and every amendment. The Particular Conditions often change the standard time limits.

Programme documents. The accepted baseline programme, every monthly update, and the as-built record. Keep the native files (for example Primavera P6 XER files), not only PDFs. An analyst needs the logic, not just the bars.

Notices and correspondence. Every notice you sent and received, the Engineer's instructions and replies, and proof of delivery for each.

Site records. Daily and weekly reports, monthly progress reports, minutes of meetings, and dated photographs. These show what actually happened on each day.

Change records. Variation orders, site instructions, requests for information, and drawing revisions with their issue dates.

Resource records. Labour and equipment on site during the affected period. These show whether the delay was caused by the event or by a lack of resources.

Cost records. If you also claim money, keep the payroll, plant hire, invoices and overhead records for the same period.

The programme is the backbone

An EOT claim answers one question: how far did the event move the completion date? The answer comes from the programme. That is why the accepted baseline (Sub-Clause 8.3 requires an initial programme and revisions) and honest monthly updates matter so much. If the updates did not reflect what was happening on site, the analysis loses its footing.

Linking the event to the delay

A claim must show cause and effect:

1. The event: what happened, when, and which contract clause gives entitlement.

2. The impact: which activities it hit, using dated records.

3. The delay: how far it moved the critical path and the completion date.

4. Other causes: whether there were concurrent delays caused by the contractor in the same period.

5. Mitigation: what the contractor did to reduce the effect.

Records with dates make each step possible. Without them, the analysis becomes opinion.

Common gaps we see

• No accepted baseline programme, or a baseline that was never updated.

• Updates that show progress the site reports do not support.

• Photographs without dates or locations.

• Minutes that do not record the delay being discussed.

• Instructions given verbally and never confirmed in writing.

A simple monthly routine

Once a month, check that the programme update matches the site reports, every event has a notice, every notice has proof of delivery, and the photographs are filed by date and area. One hour a month saves weeks of reconstruction later.

Clause numbers and time limits differ between FIDIC editions and are often amended by the Particular Conditions. Always check your own contract.